PROPERTY
I) FINDER’S CASES
a. Three types of property:
i. Lost Property – Property the owner has left in some location unknown to him.
ii. Mislaid Property – Property which the owner intentionally placed where he could return for it, but then forgot where that was.
1. major difference between lost and mislaid: Lost on floor; mislaid on bench, chair, counter, or stool
2. mislaid: NOT ON FLOOR!
iii. Abandoned Property – The voluntary relinquishment of all right, title, claim and possession of an item with no intention of reclaiming it.
1. INTENT to abandon the property
2. ACTION must be taken to actually abandon it
b. Treasure trove
i. Goes to finder
ii. In U.S. generally limited to silver and gold, sometimes currency
c. Locus en quo
i. The place in which the article was found
ii. Owner of locus en quo is the owner of any article found on his property – reasonable expectation
iii. Stronger interest then finder
d. Seven propositions (Over view of finder’s cases)
i. In some areas of the law there is uncertainty
1. in this area
a. several public policies
b. policies that go in different direction
ii. True owner will prevail above all others unless…
1. property is abandoned
a. true owner must have intent to relinquish possession
b. actual relinquishment takes place
c. to take control finder must
i. intend to control
ii. take actual physical control
d. Court rewards productivity – not just the person who finds the abandoned property
2. property is lost under statute or statute of limitations has passed
a. If the finder has followed the statute he can legally cut off the interests of the true owner
b. Example of a statute when property is lost, mislaid, or abandoned
i. Finder must
1. deposit w/ police
2. police puts out notice in hopes of finding the true owner
3. When appropriate time has passed police will deliver to the finder
generally go to the finder
i. South Staffordshire: Rings lost but went to owner of locus en quo for other factors
1. Private land that was in control of the owner
2. Buried in the soil
vi. If a servant finds the article it belongs to the master only when there is a K to that effect
1. If no K then it may go to the servant
2. depends on the circumstance
vii. All common law doctrines are subject to statutory modifications
e. Motivations of a court in finder’s cases
i. Do not want to promote untoward actions
ii. Finder should have possessory rights over all others except true owner
iii. Protect the true owners interest
iv. Protect prior peaceable possession
Protect against double liability (if double possession)
