2010-03-29, 11:19 AM
I suggest you read the Halakha, a part of Jewish law, that specifically addresses lost property. American law, though, divides lost property into four possible types:
Abandoned Property - Property left with the intention of terminating that property (in a garbage can, at a trash compactor, in a bin labeled for incineration) (Should go to nobody - should not be taken at all)
Lost property - Property that is accidentally left behind due to carelessness (goes to new owner - whoever claims it)
Mislaid Property - A place where the owner intentionally puts it to begin with but later forgets its location (should go to original owner - answers about jacket "J.M.S.")
Treasure Trove - A place where the owner intentionally puts it, forgets about it, and is nowhere to be found when the new owner attempts to claim it (Should go to new owner)
Consider this:
A land owner A is selling his land to person B. After person B buys the home and owns the tax, title, and ownership rights, he begins to renovate the new home. After one month, he finds that there are old government bonds which are now worth over $12,000. Once A hears about this (who knows how or why he heard - besides the point), he immediately sues to reclaim the property from B. A claims that the property belonged to him. B claims that it went with the house and that A had obviously forgotten about it if he didn't know there was $12,000 in bonds still in the house. The court system ruled in favor of B, stating that A had plenty of time with which to remove his things from the house. By not removing these things in such a time, that means the original owner forgot and therefore this is a Treasure Trove, not a Mislaid Property.
Abandoned Property - Property left with the intention of terminating that property (in a garbage can, at a trash compactor, in a bin labeled for incineration) (Should go to nobody - should not be taken at all)
Lost property - Property that is accidentally left behind due to carelessness (goes to new owner - whoever claims it)
Mislaid Property - A place where the owner intentionally puts it to begin with but later forgets its location (should go to original owner - answers about jacket "J.M.S.")
Treasure Trove - A place where the owner intentionally puts it, forgets about it, and is nowhere to be found when the new owner attempts to claim it (Should go to new owner)
Consider this:
A land owner A is selling his land to person B. After person B buys the home and owns the tax, title, and ownership rights, he begins to renovate the new home. After one month, he finds that there are old government bonds which are now worth over $12,000. Once A hears about this (who knows how or why he heard - besides the point), he immediately sues to reclaim the property from B. A claims that the property belonged to him. B claims that it went with the house and that A had obviously forgotten about it if he didn't know there was $12,000 in bonds still in the house. The court system ruled in favor of B, stating that A had plenty of time with which to remove his things from the house. By not removing these things in such a time, that means the original owner forgot and therefore this is a Treasure Trove, not a Mislaid Property.