FINDING LOST GOODS
The discovery of PERSONAL PROPERTY that has been unintentionally removed from its owner’s possession through his or her neglect or inadvertence.
The fact that an owner has involuntarily parted with the property and that he or she is ignorant of its location sufficiently establishes that the property is lost. Mislaid property is property that an owner intentionally places somewhere so that it can eventually be found again, but he or she subsequently forgets where it was placed. The right to possess the property rests in the issue of whether the property is to be considered lost or mislaid. This issue must be determined upon examination of the particular facts and circumstances of any given case.
Abandoned property is property to which the owner has purposefully relinquished all rights as an owner thereto. Since such property is ownerless, it can be owned by the first person who takes it with the intent to claim it as his or her property.
The place where the property is discovered is
an important factor in determining whether it is
lost or mislaid.
When property is in someone’s possession,
it cannot be found within the meaning of lost
property. An article in the possession and pro-
tection of the owner of the place where it is
found is not legally considered lost. Similarly,
an owner of land is considered to have posses-
sion of all articles on the land even though he or
she may be unaware of their presence. If the
finder of lost property is an employee of the
owner of the land, the owner’s right to custody
of the property is superior to that of the
employee.
Property found in a public or semipublic
place—where the public is ordinarily invited
and expected to be—may be considered lost,
since the owner or manager of the location does
not represent its owner.
Treasure trove is any gold or silver in coin,
plate, or bullion hidden in the earth or other pri-
vate place by an unknown owner for a long time.
The property is not treasure trove unless the
identity of the owner is unascertainable. Ordi-
