Rule Of Find

Front 1

Rule for Find

Back 1

When someone finds property, whether the finder is able to keep the property against another party depends on whether the property was lost, mislaid, abandoned, treasure trove, naturalized or a shipwreck and who the other claimant is.

Front 2

Define Lost Property

Back 2

Chattel was 1) Unintentionally placed and 2) Unintentionally Left 3) Favors the Finder (Hannah v. Peel)

Front 3

Trespass

Back 3

An entry onto someone's land that the true owner would not want.

Front 4

Lost Property

Back 4

A finder has a good title against all the world and all subsequent finders, except the true owner unless the chattel is attached to or under land of another person’s property or found by a trespasser.

Front 5

Lost Property

Back 5

Items lost in your house (that does not belong to the location owner), such as a location owner’s guest leaving something and being found later by a different guest, then the lost item goes to the finder.

Front 6

Lost Property

Back 6

Trespassing: If the finder was trespassing, the item belongs to the location owner. Exception: Trivial Trespasser-If the trespass is so minimal that society finds no cause of action, then property goes to the finder. Examples; dog walking on the yard of someone else and the dog owner finds something in the other persons yard.

Front 7

Lost Property

Back 7

Attached to Land: If an item is attached to or under the land, the property belongs to the land owner, unless the property is treasure trove.

Front 8

Define Mislaid Property

Back 8

The chattel was (1) Purposely placed and 2) Unintentionally left and 3) Favors the Location Owner (locus in quo).

Front 9

Mislaid Property

Back 9

Mislaid property is intentionally put in a place, but later forgotten by its true owner. If the chattel is mislaid, that owner is likely to retrace and reclaim it. Items intentionally placed by the owner where they are found and then forgotten or left there are deemed to be in the bailment of the owner of the property on which they are found for the true owner (McAvoy v. Medina).

Front 10

Define Abandoned Property

Back 10

If the true owner relinquishes rights to the property, the property is considered abandoned. Claimants must prove both that the owner

1) intended to relinquish his rights and

2) that the owner manifested his intention to abandon (actually abandon) the property.

3) The first finder who exercises dominion over the property becomes the true owner of found abandoned property unless the finder was trespassing when the finder found the property or found the property under or attached to the land.

**Mere passage of time by itself does not make property abandoned. Passage of time plus it’s not worth something or some other reason may make it abandoned**.

Front 11

Abandoned Property

Back 11

Trespassing: If the finder was trespassing, the item belongs to the location owner.

Exception: Trivial Trespasser-If the trespass is so minimal that society finds no cause of action, then property goes to the finder. Examples; dog walking on the yard of someone else and the dog owner finds something in the other persons yard.

Front 12

Abandoned Property

Back 12

Attached to Land: If the finder found the property under or attached to the land, the property belongs to the land owner.

Front 13

Define Treasure Trove

Back 13

Favors the finder: 1) currency (stocks and bonds, gold coins, beads used as currency),

2) intentionally hidden and

3) element of antiquity: so old that the owner is likely dead or the owner is not discoverable.

Front 14

Treasure Trove

Back 14

Treasure trove can only be money

Front 15

Treasure Trove

Back 15

Buried or Not: Historically, found property could only be classified as treasure trove if it was buried, but now, treasure trove can be found above or below ground (jewelry found in a wall is not treasure trove because it’s not currency).

Front 16

Shipwrecks

Back 16

Not tested. True owners maintain their ownership during shipwrecks, even if they “abandon ship.” Finders must return found property to the rightful owner, but finders can claim salvage rewards.

Front 17

Naturalized Property

Back 17

1) Something has been in the ground so long that it has become part of the earth. Examples: Meteors, minerals, earthenware (Indian artifacts: arrowheads, pots, ect.), buried ships

Favors the location owner