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Lost, mislaid, and abandoned property are categories of the common law of property which deals with personal property or chattel which has left the possession of its rightful owner without having directly entered the possession of another person. Property can be considered lost, mislaid or abandoned depending on the circumstances under which it is found by the next party who obtains its possession.
There is an old saying that possession is nine-tenths of the law, perhaps dating back centuries. This means that in most cases, the possessor of a piece of property is its rightful owner without evidence to the contrary. More colloquially, this may be called finders, keepers. The contradiction to this principle is theft by finding, which may occur if conversion occurs after finding someone else's property.
The rights of a finder of such property are determined in part by the status in which it is found. Because these classifications have developed under the common law of England, they turn on nuanced distinctions. The general rule attaching to the three types of property may be summarized as: A finder of property acquires no rights in mislaid property, is entitled to possession of lost property against everyone except the true owner, and is entitled to keep abandoned property. This rule varies by jurisdiction.
Greetings,
We have a commercial tenant leasing an industrial unit for storage and has significant arrears. After notification, most of his goods were removed but eventually locked out of premises. I urgently need to empty the unit.
What can I do with the goods and abandoned property left...
We bought a farm property over 12 months ago. There was a plough left behind by the previous owners which they said they would collect.
We have not heard from them since and the plough is still here. Are we able to sell it because it's an abandoned property?
Hi,
A car has been abandoned on my rental property. It has rego plates on it, but I have no idea who it is registered to. Rego expired in March 2015.
I have 2 questions under property law. The car is currently not running and not roadworthy, but the mechanic has confirmed that it can be fixed...
Hi, I am just inquiring if someone can legally sue you under Property Law if you have disposed of abandoned property and goods after you have purchased the property 18 months later.
Hello,
February this year I resigned from the company I worked for in Queensland due to unpaid wages and holiday pay ($26000). My ex-employer came to my home around 4 weeks later and collected the company car and nothing else. He verbally agreed to sell me the tools and equipment that was...
Good morning and God bless
What if I come across an abandoned property on government land, not secure and is in the open. The property hasn't been maintained and is run down. How or is there a way I can submit a claim of ownership under Property Law?
Hey there, my neighbours have moved out ages ago and asked if I could store stuff for them, so I said yes. They were meant to pay me each week. It's been months and I haven't seen them or can't even contact them and they haven't even paid me a cent. So my question is, can I sell the abandoned...
My boyfriend was living in my house for 14 months of a 2 and a half year relationship. He paid no rent or bills and we made no joint purchases. There were no,joint bank accounts or his name on anything. The breakup was acrimonious in April when he moved out. He has left furniture and other...
Someone is parking in my parking space (apartment block, the space is on our strata title). Police tell me the address of the person is not the address of my apartment block. They say they can't do anything (they tried to ring the offender but the phone numbers they had were disconnected).
The...
Over a year ago I let a (then) friend store some goods (equipment from the cafe he close down) in my shed to save him from paying storage elsewhere. We have since fallen out and he owes me money (which I am pursuing through the Small Claims Tribunal) and I want his stuff gone from my property...