ABANDONMENT

The surrender, relinquishment, disclaimer, or cession of property or of rights. Voluntary relinquishment of all right, title, claim, and possession, with the intention of not reclaiming it.

The giving up of a thing absolutely, without reference to any particular person or purpose. For example, vacating property with the intention of not returning, so that it may be appropriated by the next comer or finder. The voluntary relinquishment of possession of a thing by its owner with the intention of terminating ownership, but without vesting it in any other person. The relinquishing of all title, possession, or claim, or a virtual, intentional throwing away of property.

Term includes both the intention to abandon and the external act by which the intention is carried into effect. In determining whether someone has abandoned property or rights, the intention is the first and paramount object of inquiry, for there can be no abandonment without the intention to abandon.

Abandonment differs from surrender in that surrender requires an agreement, and also from FORFEITURE, in that forfeiture may be against the intention of the party alleged to have forfeited.

In the case of children, abandonment is the willful forsaking or forgoing of parental duties. Desertion as a legal concept, is similar in this respect, although broader in scope, covering both real and constructive situations; abandonment is generally seen as involving a specific and tangible forsaking or forgoing.

Property That Can Be Abandoned

Various types of personal property—such as
personal and household items—contracts, copy-
rights, inventions, and PATENTS can be aban-
doned. Certain rights and interests in real
property, such as EASEMENTS and leases,may also
be abandoned. Suppose a ranch owner, for
example, gives a shepherd an easement to use a
path on her property so that the sheep can get to
a watering hole. The shepherd later sells his flock
and moves out of the state, never intending to
return. This conduct demonstrates that the
shepherd has abandoned the easement, since he
stopped using the path and intends never to use
it again. Ownership of real property cannot be
obtained because someone else abandoned it
but may be gained through ADVERSE POSSESSION.

Elements of Abandonment

Two things must occur for property to be
abandoned: (1) an act by the owner that clearly
shows that he or she has given up rights to the
property; and (2) an intention that demon-
strates that the owner has knowingly relin-
quished control over it.

Some clear action must be taken to indicate
that the owner no longer wants his or her prop-
erty. Any act is sufficient as long as the property
is left free and open to anyone who comes along
to claim it. Inaction—that is, failure to do some-
thing with the property or nonuse of it—is not
enough to demonstrate that the owner has relin-
quished rights to the property, even if such
nonuse has gone on for a number of years. A
farmer’s failure to cultivate his or her land or a
quarry owner’s failure to take stone from his or
her quarry, for example, does not mean that
either person has abandoned interest in the
property.

A person’s intention to abandon his or her
property may be established by express language
to that effect or it may be implied from the cir-
cumstances surrounding the owner’s treatment
of the property, such as leaving it unguarded in
a place easily accessible to the public. The pas-
sage of time, although not an element of aban-
donment, may illustrate a person’s intention to
abandon his or her property.

Parental Abandonment of Children

Parental abandonment of children is differ-
ent from other cases of abandonment in that it
involves a person rather than property. Aban-
donment of children is a criminal CAUSE OF
ACTION under most state laws. In the civil con-
text, it arises when a court decides to terminate
the natural rights of the parent on the grounds
of abandonment to allow ADOPTION.

In a criminal context, abandonment of chil-
dren is defined as actually abandoning a child,
or failing to provide necessities of living to a
child. In California, for example, a parent is
guilty of abandonment if they fail to provide
“necessary clothing, food, shelter or medical
attendance, or other remedial care for their
child.”A parent is required to accept their minor
child into their home, or provide alternative
shelter. Parents in California are also punished
for “desertion with intent to abandon.” These
laws are typical of most states.

In the late 1990s, the issue of baby abandonment in the United States came to a head as a result of several high profile cases. These cases prompted 38 states to pass so-called “safe haven laws.” The laws decriminalize baby abandonment by allowing mothers to leave their unharmed babies at a designated “safe.” location such as a hospital, fire station, or licensed childplacing agency. The laws include a time frame, beginning from the baby’s birth, in which abandonment may take place; the time frame varies from state to state, ranging from 72 hours up to one year.

In a civil context, abandonment of a child is usually ruled on by a court to facilitate an adoption. State courts employ various guidelines to determine if a child has been abandoned. In an action for adoption on the ground of abandonment, the petitioner generally must establish conduct by the child’s natural parent or parents that shows neglect or disregard of parental duties, obligations, or responsibilities. They must also show an intent by the child’s parent or parents to permanently avoid parental duties, obligations, or responsibilities. Some jurisdictions require an actual intention of the parents to relinquish their rights to find abandonment, but most allow a finding of abandonment regardless of whether the parents intended to extinguish their rights to the child.

ABANDONMENT

ABANDONMENT

ABANDONMENT

Posted on October 23, 2010 by admin

ABANDONMENT

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