INTRO - Finders of Personal property

Question 1

What are the rights of objects found on private land?

Answer 1

Lost objects found either within a house or embedded on the soil are generally awarded tot he landowner, not the finder.

Question 2

Who is a finder?

Answer 2

The first person to take possession of lost or unclaimed personal property.

Possession requires both:

1. An intent to control the property
2. an act of control

Question 3

What are the requirements of possession for a finder?

Answer 3

1. An intent to control the property
2. an act of control

Question 4

What is abandoned property?

Answer 4

When the owner intentionally and voluntarily relinquishes all right , title, and interest in it.

Question 5

What is lost property?

Answer 5

When the owner unintentionally and involuntarily parts with it thorough neglect or inadvertence and does not know where it is.

Question 6

What is mislaid property?

Answer 6

When the owner voluntarily puts it in a particular place, intending to retain ownership but fails to reclaim it or forgets where it is.

Question 7

What are the rights of finders against third parties?

Answer 7

The finder acquires title that is superior to the claims of all persons except:

1. The true owner
2. Sometimes the landowner.

Question 8

What are the four types of found property?

Answer 8

1. Abandoned property
2. lost property
3. mislaid property
4. treasure trove

Question 9

What are the rights to objects found in public places?

Answer 9

A valuable object left in a public place is considered mislaid property and awarded to the owner or occupant of the premises, not the finder