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Abandoned Personal Property
As a general matter, if a property owner intentionally abandons property, they lose ownership of it. When property is intentionally abandoned, it belongs to nobody until it is found. At that point, title (ownership) transfers to whoever finds it, and takes it with intent to take ownership. This is the general rule created by the common law.
Many states have made some significant modifications to the rule. For example, in many states, under the Uniform Unclaimed Property Act, previous owners may reclaim abandoned property within a certain period of time after abandonment. During this time period, the abandoned property essentially belongs to the state. While the person who finds the property may have the first right to it after the time period expires, and has a superior right of possession against everyone except the original owner, the original owner has a right to reclaim it any time before then.
It is important to distinguish between abandoned and lost property. Property is abandoned when the owner deliberately leaves it somewhere with the intent to completely give up ownership. This means that, as a general rule, it belongs to nobody, and can be claimed by the first person to find and take possession of it
Lost property, on the other hand, is property which the owner has accidentally misplaced, without intent to give up ownership. When a person finds lost property, he or she does obtain some rights in it which resemble ownership. He or she has a right to possess the property which is superior to the rights of everyone except the original owner.
For example, suppose that Albert loses a hat on the bus. If Ben finds and takes the hat, it belongs to him as far as everyone, except Albert, is concerned. So, if Ben loses the hat on the subway, and it is found and taken by Charles, Charles “owns” the hat, as far as everyone except Albert and Ben are concerned. Ben’s claim to the hat is superior to that of Charles, and Albert’s claim to the hat is superior to that of Ben.
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