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Abandoned Property

In the common law of property, personal belongings that have left the possession of their rightful owners without having directly entered the possession of another person are deemed to be lost, mislaid, or abandoned, depending on the circumstances under which they were found by the next party to come into possession of them.

The rights of a finder of such property are determined in part by the status in which it is found. Because these classifications have developed under the ancient and often archaic common law of England, they turn on fine and nuanced distinctions.

Lost property

Property is generally deemed to have been lost if it is found in a place where the true owner likely did not intend to set it down, and where it is not likely to be found by the true owner. For example, a necklace found lying on the ground will be deemed to have been lost. At common law, the finder of a lost item could claim the right to possess the item against any other person in the world except the true owner. See Armory v. Delamirie, 1 Strange 505 (King�s Bench, 1722).

Most jurisdictions have now enacted statutes requiring that the finder of lost property must turn it in to the proper authorities; if the true owner does not arrive to claim the property within a certain period of time, the property is returned to the finder as his own. In Britain, many public businesses have a lost property desk, which in the United States would be called a lost and found.

Mislaid property

Property is generally deemed to have been mislaid (some courts refer to it as misplaced) if it is found in a place where the true owner likely did intend to set it, but then simply forgot to pick it up again. For example, a necklace found in a shop lying on a table or on a chair will likely be deemed misplaced rather than lost. The finder of a misplaced object has a duty to turn it over to the owner of the premises, on the theory that the true owner is likely to return to that location to search for his misplaced item. If the true owner never shows up, the property becomes that of the owner of the premises. See McAvoy v. Medina, 93 Mass. (11 Allen) 548, (1866).

Treasure Trove

Treasure trove is property that consists of coins or currency hidden by the owner. To be considered treasure trove and not mislaid property, the property must have been deliberately hidden or concealed, and sufficiently long ago that the original owner can be considered dead or not discoverable. For example, under English law, 100 Roman coins found buried in a chest would be treasure trove; however, 100 Roman coins which were lost over time in a marketplace would not be treasure trove, as they were not deliberately hidden as a single hoard.

Under American common law, treasure trove belongs to the finder, unless the original owner reclaims. Some states have rejected the American common law and hold that treasure trove belongs to the owner of the property in which the treasure trove was found. These courts reason that the American common law rule encourages trespass.

Under the traditional English common law, treasure trove belongs to the Crown, though the finder is paid a reward.

Abandoned property

Property is generally deemed to have been abandoned if it is found in a place where the true owner likely intended to leave it, but is in such a condition that it is apparent that the true owner has no intention of returning to claim the item. Abandoned property generally becomes the property of whoever should find it and take possession of it first, although some states have enacted statutes under which certain kinds of abandoned property - usually cars and wrecked ships - become the property of the state.

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