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To: BenLurkin

I always thought if you owned a house and bought it you got everything in it.

If it was sentimental value I would return it, but if someone leaves a stash in the walls, that’s almost like abandoning it. Maybe the guy hated his kids and didn’t want them to have it.


16 posted on 11/11/2008 12:22:51 PM PST by I still care (A Republic - if you can keep it. - Ben Franklin)
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To: I still care
that’s almost like abandoning it.

When it comes to found property, the law takes four approaches: property is either lost, mislaid, abandoned, or a treasure trove. How the property is characterized will affect who is the rightful possessor and rightful owner.

Lost property is property that is found in a place where it is unlikely to have been deliberately placed. For instance, if I found a $100 bill on the ground in the parking lot, it should be considered lost because the true owner almost certainly didn't intend to place it there.

Mislaid property is property found in such a place where it appears likely that the true owner intentionally placed it but forgot to pick it up. A wallet on a shop counter is mislaid property.

Abandoned property is property found in such a way that it is clear the true owner had no intention of returning for it or reclaiming it. A car that is left on the side of the road for an extended period of time might be abandoned property.

A treasure trove is a stash of gold or silver (or something that represents gold or silver, like paper money), that is deliberately hidden by its true owner.

This money is clearly a treasure trove. In most places (though I don't know the Ohio rules), the finder, not the property owner, is entitled to possession and ownership. This is what the fight was about.

26 posted on 11/11/2008 12:35:17 PM PST by Publius Valerius
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