Chapter 1, Section 3

Question 1

Who is the true owner (TO) in found property disputes, and what rights do they have?

Answer 1

The original owner of the lost or mislaid item. The TO has the superior claim over everyone else, unless the property has been abandoned.

Question 2

Who is the finder, and what rights do they have in found property disputes?

Answer 2

The person who discovers the lost or mislaid property. The finder wins against everyone except the true owner or a prior possessor.

Question 3

Who is a subsequent possessor, and how do their rights compare to others?

Answer 3

Someone who later takes possession (e.g., a jeweler appraising found jewelry). A subsequent possessor’s rights are subordinate to the true owner and any prior possessor.

Question 4

Who is the owner of the locus, and when might they have a superior claim over a finder?

Answer 4

The owner of the land or premises where the property is found. They can defeat the finder’s rights if the property is embedded in the soil, mislaid in a private area, or found in certain private settings — but generally lose to the finder for lost property in public spaces.

Question 5

What is the first rule of finding regarding the true owner?

Answer 5

The true owner always wins over anyone else — unless the property is abandoned, in which case the first taker can acquire title.

Question 6

What rights does the finder have under the second rule of finding?

Answer 6

The finder wins against everyone except the true owner and any prior possessor of the property.

Question 7

How can the owner of the premises affect the finder’s rights?

Answer 7

The finder may lose to the owner of the locus (premises) where the property was found, especially if found in a private area or embedded in the soil.

Question 8

What principle does the fourth rule of finding emphasize?

Answer 8

“First in time, first in right” — earlier possessors have superior rights over later possessors.

Question 9

What does the doctrine of relativity of title mean in found property disputes?

Answer 9

Title to found property is relative, not absolute — someone can have superior rights against one person but inferior rights to another (e.g., finder beats third parties but loses to the true owner).

Question 10

What is abandoned property, and who gets possession?

Answer 10

1. Abandoned property is when the owner intentionally relinquishes all rights, title, and interest.
2. The finder wins, even against the true owner.

Question 11

What is lost property, and who has superior rights?

Answer 11

1. Lost property occurs when the owner unintentionally and involuntarily parts with it.
2. The finder wins, but is subject to the true owner’s superior claim.

Question 12

What is mislaid property, and who gets possession?

Answer 12

1. Mislaid property is when the owner voluntarily puts it somewhere and forgets.
2. The premises owner wins, holding it for the true owner.

Question 13

What is treasure trove, and who typically keeps it?

Answer 13

1. Treasure trove refers to hidden coins or currency of antiquity where intent to recover is long gone.
2. It generally goes to the finder, but this varies by state.

Question 14

What is embedded property, and who gets it?

Answer 14

1. Embedded property is personal property buried or affixed in land.
2. It belongs to the landowner.

Question 15

What is contraband, and who claims it?

Answer 15

1. Contraband is property connected to illegal activity, subject to state seizure.
2. The state may confiscate it, or common law rules apply if not illegal.

Question 16

What happens to mislaid property, and how is it classified?

Answer 16

1. The premises owner holds it for the true owner.
2. Mislaid property is classified based on whether the owner deliberately put it in a specific place but then accidentally forgot it.

Question 17

Who gets embedded property, and what defines it?

Answer 17

1. Embedded property is personal property buried or affixed in land.
2. It goes to the landowner.

Question 18

How do you know property is abandoned, and who wins possession?

Answer 18

1. Abandonment requires intent to relinquish all rights to the property.
2. The finder wins, even against the true owner.

Question 19

How do honesty and the finder’s status affect found property rights?

Answer 19

1. A finder’s legal status (e.g., employee, trespasser) can affect their rights.
2. Whether the property is found in a public or private location matters.
3. Courts may consider the finder’s good faith and honesty in awarding possession.