Found Property

Question 1

What are the three categories of found property?

Answer 1

1. Abandoned
2. Lost
3. Mislaid

Question 2

What are the two questions to determine whether property is abandoned?

Question 3

When is personal property abandoned?

Answer 3

When the owner has voluntarily given up possession with the intent to give up title and control.

Question 4

When does a finder acquire right to the abandoned property?

Answer 4

When he has possession with intent to assert title and control.

Question 5

Which two kinds of people will typically be fighting over title to found property?

Question 6

Who gets the found property depends on…

Question 7

When is property lost?

Answer 7

When the owner owner took no voluntary affirmative act in placing the property where it was found. (i.e. owner’s parting with the property was accidental and involuntary)

Question 9

When is property mislaid?

Answer 9

When the owner has taken some voluntary act in placing it down and leaves it behind.

Question 10

If the property is mislaid, who gets it?

Answer 10

The owner/occupier of premises on which property is found will get the property.

Question 11

If the property is lost, who gets it?

Answer 11

The finder of the lost property

Question 12

What are the exceptions to the lost property rule?

Answer 12

1. finder of the lost property is a trespasser
2. the master always prevails over servant who finds.
3. lost property is found in a highly private location.
   
   1. generally only two examples: your home and your private office.