FINDERS OF PERSONAL PROPERTY Finders as Owners Who is a Finder?

Four Traditional Categories of Found Property Rights of Finder Against Original Owner Rights of Finder Against Third Persons Generally Rights of Finder Against Landowner [39-42] Rights to Objects Found on Private Land Rights to Treasure Trove Rights to Objects Found in Public Places When Finder is Employed to the Land Owner Statues Defining Rights of Finders

FINDERS OF PERSONAL PROPERTY Finders as Owners The law of finders is more complicated than the pithy rules that courts often espouse. Three factors dominate the analysis of finders rights: (1) the presumed intent of the original owner; (2) the identity of the competing claimants; and (3) the location where the item is found. Who is a Finder? The first person to take possession of lost or unclaimed personal property is a finder. Possession requires both (1) an intent to control the property and (2) an act of control. Four Traditional Categories of Found Property The rights of a finder and other claimants turn in large part on which of the four traditional categories the found object fits into: abandoned property, lost property, mislaid property, or treasure trove. (1) Abandoned Property Property is abandoned when the owner intentionally and voluntarily relinquishes all right, title, and interest in it. (2) Lost Property Property is deemed lost when the owner unintentionally and involuntarily parts with it through neglect or inadvertence and does not know where it is. (3) Mislaid Property Property is considered mislaid when the owner voluntarily puts it in a particular place, intending to retain ownership, but then fails to reclaim it or forgets where it is. (4)Treasure Trove Finally, English law recognized a category called treasure trove, consisting of gold, silver, currency, or the like intentionally concealed in the distant past by an unknown owner for safekeeping in a secret location. Rights of Finder Against Original Owner As a general rule, an owner retains title to lost or mislaid property found by another. In contrast, the first person who takes possession of abandoned property acquires title that is valid against the world, including the prior owner. Rights of Finder Against Third Persons Generally The finder acquires title to lost property that is superior to the claims of all other persons, except (1) the true owner and (2) sometimes the landowner. For example, in Amory v. Delamirie, a chimney sweepers boy found a jewel and took it to a goldsmith, who refused to return it; the court concluded that the boy had title to the jewel, not the goldsmith. Rights of Finder Against Landowner Rights to Objects Found on Private Land Lost objects found either within a house or embedded in the soil are generally awarded to the landowner, not the finder. The status of the finder is sometimes relevant here. A long-term tenant who finds an object will often prevail over the landowner, while a finder who is merely the landowners employee will not. (Hannah v. Peel D bought home but never lived in it, instead he went to war (WWII), his home was used by the military. Corporal found object in the window seal, gave it to police, but D was given it, but never returned it to the finder, holding for P) Rights to Treasure Trove American courts differ on how to handle treasure trove. Although some older courts award title to the finder, the modern view is to award it to the landowner. Rights to Objects Found in Public Places 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. (Bridges vs. Hawkesworth, P found envelop of bank notes in a shop, gave it to the shop owner, true owner never returned, award to P because the shop was open to the public) (McAvoy v. Medina, mislaid property goes to the land owner over the finder.) When finder is employed by landowner common workers lose to the landowner/employer (South Staffordshire Water Co. v. Sharman pool cleaners); If the employee is an independent educated/highly regarded, then landowner/employer will likely loose. Statues Defining Rights of Finders In many states, statues governing rights in found property supersede the confusing common law. The typical statute requires the finder to turn over the item to the local police department; the find is then advertised and the true owner has a set period (ranging from 90 days to one year) to file a claim. If no claim is made within this period, the item belongs to the finder. If the true owner makes a timely claim, some jurisdictions require that she pay a reward to the finder.