The Law of Abandonment: Navigating the Legal Properties of Forgotten Things

~Sura Anjana Srimayi

INTRODUCTION

We are surrounded every day by things that seem to have no owner. A couch that has been left on a curb, a bicycle chained to a lamppost for months, or an old suitcase discovered in an attic—these things seem like leftovers from someone's past, abandoned and left behind. Legally, they are referred to as abandoned property, and their status is much more complex than the simple "finder's keepers." The legal status of abandoned goods and realty are covered by centuries-old laws that weigh the rights of the original owner, the finder, and the state. The law draws a distinct difference between property intentionally abandoned, property lost or misplaced, and property lost by accident. Mastery of these subtleties is important to thread the legal needle of what is and isn't really "abandoned."

Defining Abandonment: Intent is Everything

Legally determining property as abandoned is based solely on one key factor: the intent of the owner. To be considered abandoned, the owner must have voluntarily and intentionally relinquished all rights, title, and interest in the property. This intent is not always easy to prove and is typically inferred from the owner's actions and the surrounding circumstances. For instance, a vehicle parked on the side of a road with flat tires and no engine for a few months would probably qualify as abandoned, since the owner's (or lack of owner's) actions clearly show that they intend to abandon their ownership.

This is what separates abandoned property from lost or mislaid property.

Lost Property arises where the owner involuntarily and unintentionally loses possession. A wallet falling out of the pocket in a public park is an example of lost property. The owner has not lost their ownership rights, and the loss was involuntary and unintentional.

Mislaid Property is property that was knowingly put somewhere but subsequently forgotten by the owner. A customer who leaves his keys on the counter of a restaurant while settling his bill has mislaid them. In this situation, the owner of the premises (restaurant) is the legal custodian of the property, not the finder.

The finder's legal rights differ wildly based on this categorization. A finder of lost or mislaid property is under a legal duty to act reasonably to restore it to the true owner. But for an item that has actually been abandoned, the legal rules change.

The Legal Principle of Res Nullius

The idea of abandoned property is based on the Roman law doctrine of res nullius, or "property of no one." Under this doctrine, an object which is voluntarily abandoned becomes ownerless, and it belongs to the first person who possesses it with the intent of taking ownership of it. This is the legal foundation behind the rule of "finder's keepers.". But this rule is not as straightforward as it appears and is subject to a number of significant caveats and restrictions.

The finder's legal rights are not absolute. For the finder to gain legal ownership, they must prove not just physical possession of the item, but also intent to own it as their own. In addition, the property should be abandoned in fact, something that may be challenged by the initial owner if they can provide evidence they did not have an intent to relinquish their rights. A well-known court case that founded the underlying principle of finder's rights is Armory v. Delamirie (1722), which determined that a finder of a lost jewel is entitled to the piece against everyone, with the exception of the actual owner. In the case of abandoned property, however, the finder's rights are even more robust, to ownership against the original owner themselves.

Tangible and Intangible Abandonment: A Different Set of Rules

Although the idea of abandoned personal property (such as an old couch or piece of furniture) is fairly simple, the regulations become more intricate when used with other forms of assets.

• Intangible Property: These are financial assets such as dormant bank accounts, uncashed checks, stock dividends, and forgotten security deposits. Abandonment with these types of assets is not from a physical action but from a period of dormancy or inactivity. After a certain number of years, depending on the state (usually three to five years), these funds are deemed abandoned. They do not then go to the bank or corporation that possesses them. Rather, they go into escheatment, wherein they return to the state government's custody. In America, this is controlled by the Uniform Unclaimed Property Act (UUPA) that dictates the process of how companies can report and transfer these funds to the state. The state is then the custodian and holds the money in trust for the actual owner, who may claim it at any time, commonly for an unlimited period.
• Real Property: It is a much tougher legal argument to abandon real estate or a building than it is to abandon personalty. Though an owner can abandon possession of a property, he cannot abandon his title and walk away from his liability, e.g., taxes or mortgage. Yet, there is a legal principle called adverse possession that allows someone to obtain title to an area of property by holding it for an uninterrupted and statutorily specified amount of time. For an adverse possession claim to be successful, the possession has to be open and notorious (public), continuous (for the required statutory period, which ranges from 10-20 years depending on the jurisdiction), exclusive (the possessor has to have exclusive control), and hostile (without permission by the true owner). This legal principle is a method of resolving property disputes and ensuring real estate is utilized for productive purposes and not left to waste.

CONCLUSION

The legal principle of abandoned property is an intriguing convergence of an owner's intention, the finder's entitlement, and the duty of the state. It is a complex area of law that makes a distinction between what is really abandoned and what is only misplaced or lost. The rules governing ensure that while there is a way to ownership for finders, original owners' rights are not cavalierly ignored. As our world continues to accumulate and forget items in an increasingly expanding digital and physical landscape, the law of abandoned property continues to be a vital structure for determining ownership and making sure that things find their place.

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Disclaimer: Every effort has been made to avoid errors or omissions in this material in spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition In no event the author shall be liable for any direct indirect, special or incidental damage resulting from or arising out of or in connection with the use of this information Many sources have been considered including Newspapers, Journals, Bare Acts, Case Materials , Charted Secretary, Research Papers etc