Personal Property (Lost/Mislaid/Treasure Trove) Flashcards
(14 cards)
What is lost property?
Property is considered lost when the owner unintentionally parts with it and doesn’t know where to find it.
Examples include a wallet dropped on the sidewalk, a ring that slips off a finger.
Who has superior rights to lost property?
The finder has superior rights to everyone except the true owner.
Armory v. Delamirie (1722) Lost Property
chimney sweep’s boy found jewel and took it to a jeweler (Delamirie) for appraisal. The jeweler took the jewel and offered only the setting back.
Holding: the finder (the boy) had superior rights to the jewel over everyone except the true owner.
(established finder’s superior rights over third parties and serves as the classic illustration of the lost property rule)
Hannah v. Peel (1945) Lost Property
Hannah, a soldier, found a brooch in a house that Peel owned but never physically occupied. Hannah claimed the brooch Peel argued it was his as the property owner.
Holding: The court awarded the brooch to Hannah because Peel was not in possession of the house and thus had no superior claim.
(reinforces finder’s rights are superior to the landowner’s if the landowner never had possession of the property where the item was found)
What is the definition of mislaid property?
Property is considered mislaid when the owner intentionally places it somewhere but forgets to retrieve it.
Who has superior rights to mislaid property?
The owner of the premises has superior possession to everyone except the true owner.
McAvoy v. Medina (1866)
Mislaid Property
customer left wallet on barbershop counter. Medina, the shopkeeper, took possession of it. McAvoy, another customer, claimed it as a finder.
Holding: The court ruled that the wallet was mislaid, not lost, and that Medina had superior rights over McAvoy because it was left on his premises.
(clarified that premises owner gets possession of mislaid items to facilitate their return to the true owner)
Benjamin v. Linder Aviation (1995)
Mislaid Property
mechanic found cash plane’s wing during routine inspection. cash was deemed mislaid, not lost or abandoned.
Holding: awarded the cash to the plane’s owner rather than the finder because the cash was intentionally placed and then forgotten.
(reinforced that mislaid property remains under the control of the premises owner to assist in returning it to the true owner)
What is abandoned property?
Property is considered abandoned when the owner knowingly relinquishes all rights, title, and interest in it.
What happens to abandoned property?
The finder becomes the new owner, regardless of the original owner’s intent.
Give an example of abandoned property.
Leaving a couch on the curb with a ‘free’ sign.
What is treasure trove?
Treasure trove is defined as gold, silver, or money that has been intentionally hidden or concealed long ago, typically with no identifiable owner.
Who traditionally owns treasure trove?
Traditionally, treasure trove belonged to the state or crown.
What is a key distinction for treasure trove in some jurisdictions?
Some jurisdictions award treasure trove to the finder.
