Missing, incorrect, and abandoned properties is a category of common property law relating to private property or mobile goods that has abandoned the property of its rightful owner without directly entering the ownership of another person. Property may be deemed lost, lost or dormant depending on the circumstances in which it is found by the next party to which it owns the property.
There is an old saying that ownership is nine-tenths of the law, probably dating back centuries. This means that in most cases, the owner of a property is the legal owner without any proof otherwise. Furthermore everyday, this can be called a searcher, a keeper. The contradiction to this principle is theft by searching, which can happen if a conversion occurs after finding someone else's property.
The rights of an inventor of the property are determined in part by the status in which it was found. Since this classification has been developed under English common law, they have revived the nuanced distinction. The general rules attached to the three types of property can be summarized as: Property finder is not granted rights in the misidentified property, is entitled to own property lost to everyone except the actual owner, and is entitled to retain the abandoned property. This rule varies by jurisdiction.
Video Lost, mislaid, and abandoned property
Missing property
Properties are generally considered to have been lost if found in a place where the actual owner may not intend to place it, and where it may not be found by the actual owner. In common law, a lost item can claim the right to own the goods against another person except the actual owner or the previous owner.
The policy objective underlying this difference is (hopefully) seeing that the property is returned to the true original owner, or "title owner." Most jurisdictions have now enacted laws requiring lost seekers to hand them over to the appropriate authorities; if the actual owner does not come to claim the property within a certain period of time, the property is returned to the seeker as his own, or discarded. In the UK, many public businesses have a special Wealth License (LPO) Office, which in the United States will be called lost and found.
Many exceptions may apply to common law with the rule that the first seeker of the lost property has a superior claim over the rights of others except the previous owner. For example, an intruder claim for loss of property that he found while entering without permission is generally lower than the claim of the respective landowner. As a corollary of this exception, landowners have superior claims to findings made within their own non-public areas, so if a customer finds a property that is missing in a public area of ​​a store, the customer has a superior claim over the lost property more than the shopkeeper, but if the customer finds the missing property in the non-public area of ​​the store, such as the area marked "Only Employee," the store owner will have a superior claim, because the customer entered without permission when he found it.
The status of the searcher as an employee or tenant of the landowner complicates the problem, since employees and tenants have legitimate access to non-public areas of landowners that others will not, without entering without permission. Employees and tenants, however, still typically lose superior claims of lost property to their employer or landlord if the property is found within their scope of work, or outside the actual leased area, respectively.
For example, if the lost property is found by the tenant within the wall of the infrastructure, or by an employee embedded in the land owned by the company owned by his employer, the landlord (as an employer or landowner) of the property he or she finds usually has a superior claim on the right of the seeker. However, this is not always the case, since long-term tenants who find property lost in their rental lease area may have superior claims over the landowner (especially if the owner has never been to the property). While employers typically have superior claims for loss of property found by their employees, an exception to this exists also, as modern law sometimes gives employees superior claims when handing over missing property to their employers is not part of their job description (as if the employee is interior decorator).
Animal
Because animals can move and thus can disappear themselves, the loss of property that is a precious animal has its own set of rules. A lost valuable animal usually does so by leaving the original property of the owner and arriving on another property owner's land; Such animals are legally referred to as estrays. Feast is usually limited to pets, such as cattle, and not wild animals. Since common pets are not considered to be valuable animals, dogs and cats are never considered estrata.
In many US jurisdictions, someone who finds an estray will be required to submit an estate written statement, along with its description, and potentially confiscate the animal in some way for a certain period of time. If a branded estray, its owner can often be identified immediately. The owner of an estray will generally have a limited time frame to regain its property after the Estray Notice is issued, but upon expiration of the time the person or other entity will be appointed as the new owner of the property. The cost to confiscate the estrals will often accumulate which the property owner will be responsible for paying.
The status of a wild pet is highly dependent on local jurisdiction. View wild cat, Dog free from distance. Given the large number of wild dogs and cats, the missing dog or cat finder may have little or no prohibition to claim the animal as his own.
Slave
Like an animal, a fugitive slave in the United States (escaped slave) is a type of property capable of moving elsewhere. Slave owners rely on others to identify and return their property; some slaves will be branded if a slave is known to run away. Many laws in the United States, such as the 1789 Constitutional Fugitive Hunting Clause, the 1793 Fugitive Massacre Act, and the Fugitive Slavery Act of 1850 all determined that slaves were captured and returned to their owners. This law, now superseded by the Third Amendment of the Constitution of 1865, is demanded by the Southern US States but is actively opposed in most of the Northern states. The activists who oppose slavery and the law of enslaved slavery, such as members of the Underground Railroad, routinely break the law and refuse to return slaves to their owners.
Of the 5 agreed laws in the Compromise of 1850, burk laws of law are the most controversial, though many of these issues are shared along the regional lines with North and South people in opposition. In the novel Harriet Beecher Stowe 1852 Uncle Tom's Cabin , the runaway problem is the main theme. The problems of ownership and fugitives of these slaves, along with other events related to slavery, would push the US into civil war.
Unclaimed Property
Unclaimed property laws in the United States provide two reporting periods each year in which unclaimed bank accounts, stocks, insurance proceeds, utility savings, non-cash checks and other "personal property" forms are first reported to the Unclaimed Goods Office of their respective country, then published in the local newspaper and finally the property is submitted to the State to be kept secure until its rightful owner makes a claim. Countries sponsor free public sites that report only a portion of the unclaimed property that is available in the United States. There are also commercial sites that provide information or information sections with the same cost. Some consumer reporting sites that do research and help consumers will do so without cost or cost to consumers.
In Australia, the money law is not claimed to provide one to two yearly reporting period each year in which unclaimed bank accounts, pensions, inheritance of the deceased's inheritance, insurance, shares, dividends, utility savings, unverified checks and other forms of " money not claimed "is reported to the appropriate regulatory body in which the organization holds the money falling below. This may include any state in Australia or the Commonwealth. Money is money not claimed if it is money whose owner can not be identified.
The owner of unclaimed money can apply to a unpublished money management agency agency, but, in some cases, the owner is required to return to the organization applying for the money as unclaimed. Unclaimed Money Professionals or Unclaimed Money Agents can also help owners to reclaim their unclaimed money. Due to the strict requirement to reclaim unclaimed money in Australia, people may require the assistance of professional or licensed private investigators to seek supporting documents for their payment claims.
Maps Lost, mislaid, and abandoned property
Disgraceful property
Properties are generally considered to be incorrect or misplaced if found in the place where the actual owner is likely to do intend to set it, but then forget to retrieve it again. For example, a wallet found in a store lying on the counter near the checkout may be considered misplaced instead of missing . Based on the principles of common law, searchers of misplaced objects have an obligation to submit them to the owner of the premises, on the theory that the real owner is likely to return to the site to find the wrong item. If the actual owner does not return within a reasonable time (which varies depending on circumstances), the property belongs to the owner of the premises.
Obsolete property
Property is generally considered to have been abandoned if found in a place where the actual owner is likely to leave it, but in such conditions it is clear that he has no intention of reclaiming. The abandoned property generally belongs to the person who has to find it and pick it up first, although some countries have enacted certain laws in which some types of property are being abandoned - usually cars, damaged boats and broken aircraft - escheat, meaning that they belongs to the state.
Treasure
Treasure is a property consisting of coins or currency hidden by the owner. For consideration of treasure and not property abused , property must be deliberately hidden or hidden, and long enough that the original owner may be deemed dead or not to be found. For example, under English law, a hundred Roman coins found buried in a crate would be a treasure; However, a hundred Roman coins lost over time in the market will not be a treasure, as they are not deliberately hidden as a hoard.
Under American common law, treasure belongs to the inventor unless the original owner takes it back. Some countries have rejected the common law of America and considered the treasure belonging to the property owner where the treasure was found. These courts reasoned that the rule of American common law encourages violations.
Under traditional English common law, the treasures belong to the Crown, although the inventor can be paid as a reward.
Recent developments
In the United States, the National Conference of Commissioners on the Law of the Uniform State seeks to address the problems arising from these types of property through the provisions of the Un-Unified Property Rights Act. This law was first drafted and announced in 1981 and a revised version, the Revised Uniform Revised Property Act was introduced in 1995. This measure focuses specifically on the issue of unclaimed money in bank accounts and corporate cash, and related escheatment.
As a result of the Act, every state that has adopted the law operates Unclaimed Property funds where the proceeds from abandoned bank accounts, unverified checks, etc. Must be submitted to the state after a certain period of time. Depending on state law, money can be saved either sustainably (ie, funds never escheat to country, example will be Texas), or after a long period of time (where it is assumed that the owner died without an heir ) the fund will resign to the state. Due to the increasing mobility of the population, 39 countries have joined together to operate MissingMoney.com, a searchable database that lists unclaimed funds in these countries. Another website at Unclaimed.org allows a free search for the remaining 11 states. Many commercial sites also offer this service at an additional cost. A searchable database of money and unclaimed property is available in Canada from the Bank of Canada.
Similar problems have evolved with respect to orphan works, works of art or literature that copyright prevails, but for whom the copyright owner can not be found.
See also
- Squatting
- Sea rescue
- Harmful Mastery
- Escheat - lost property to country
- Bona vacantia - precedent escheat
- Probate - complete housing after death
- Trover
- Old field (ecology)
References
External links
- Unclaimed Property Professional Organization
- IAPPR - Professional Probate, Genealog & Professional Researchers Association Heir Hunters
- Unclaimed Money Act 1995 No75
Source of the article : Wikipedia
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