Finder of abandoned property is entitled to not only possession of the property

Finder of abandoned property is entitled to not only

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Finder of abandoned property is entitled to not only possession of the property, but also ownership of it against all others 3. A finder prevails in claims of property against all but the true owner or prior possessory 1. Property is relative 1. Possession is only prima facie evidence of ownership, may be rebutted by evidence of better claims of title 2. Exceptions: 1. Claim one who finds property while trespassing 2. Landowner has superior claim over a find made within the non-public areas of his property, but if on public part of property finder would have superior claim over landowner 3. Hannah v Peel 1. General rule is that homeowners are awarded items found in their home 1. Owner occupants have a strong expectation of ownership 2. Court has desire to reward Hannah in the case and because Peel never occupied the home, he only had constructive possession, where as Peel living in the home had actual possession 3. Hannah was not able to pass title to another because he didn’t hold title 1. Received possessory right, which is short of ownership 2. Has the responsibility to return to the owner upon request in the condition received 2. Prior possessors are protected 1. Protection brings back lost items into commerce which benefits society and increases chance that the owner will recover the lost item 4. To determine ownership, courts classify property as 1. Lost 1. Personal property whose possession has been unintentionally and involuntarily parted with AND the owner does not know where to find it 1. Owners who lose their personal property retain their ownership rights unless they intentionally relinquish them 2. Finders merely acquire right to possess property and must give back to true owner if they appear 3. Lost property found on public property is generally given to the finder because owner does not have constructive possession over all property lost/abandoned by customers
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1. If mislaid, property owner is to facilitate return to customer, but If the finder is an employee of the premises where chattel found, employee can’t keep chattel 2. If finder is on land for a limited purpose, owner of the land is entitled to chattels found therein 3. If chattel found in private home or other private place, owner of the premises gets the object 1. Interest of chattel found on private property varies depending upon if found by 1. Landowner who has not moved into property 2. Landlord who has never resided on premises 3. Long-term tenant; or 4. A weekend guest 2. Goods embedded in soil are generally awarded to landowner 2. Mislaid 1. Personal property voluntarily and knowingly placed somewhere and unintentionally forgotten 3. Abandoned 1. Property voluntarily relinquished (owner surrenders all right, title, and interest to it 1. Finder becomes its owner 4.
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