Query regarding personal property

Shewhomustbe...

This is hypothetical question, I am not looking for legal advice.

Let's say someone has moved out of a property they were sharing and during the move didn't pack all their personal belongings. After a while they realise they've forgotten some belongings. Unfortunately they are no longer on amicable terms with the person they were previously residing with and now this person refuses to return their property to them, can they do this?

Sangre

In a hypothetical situation you can enter their land for the purpose for of seizing your legally owned goods. Then you have to immediately leave.

aidan_walsh

Unless the property belongs to the other person, or was part paid for by the other person, or is being withheld in lieu of payment for something (held for value), I don't see how they can legally refuse to return it. I'm not even sure if that last one would count, but I imagine it could.

Mentalmiss

aidan_walsh wrote:

Unless the property belongs to the other person, or was part paid for by the other person, or is being withheld in lieu of payment for something (held for value), I don't see how they can legally refuse to return it. I'm not even sure if that last one would count, but I imagine it could.

I think you are right about the last one not counting. Someone can not keep something of yours just because you owe them something unless the 2 things are related (owe them for that specific item).

dermot_sheehan

Shewhomustbe... wrote:

This is hypothetical question, I am not looking for legal advice.

Let's say someone has moved out of a property they were sharing and during the move didn't pack all their personal belongings. After a while they realise they've forgotten some belongings. Unfortunately they are no longer on amicable terms with the person they were previously residing with and now this person refuses to return their property to them, can they do this?

In this hypothetical scenerio one could sue for detinue, that is the wrongful holding of personal property.

Alternatively one could make a complaint to the gardai that theft has occured (theft being the "dishonest" defined as without good claim of right, appropriation of the property of another without their consent).

Sangre

Can't hold the property in lieu of payment unless previously agreed thats what would occur.

dermot_sheehan

I think thats the issue of a lien, a lien can occur without express agreement I believe but it's not the case here, no debts are hypothetically owed.

Shewhomustbe...

Just to clarify, no money is owed on any of the property, it's just stuff that was accidentally left behind.

Victor

If necessary, small claims court.

dermot_sheehan

Small Claims can only be used for disputes with businesses or land lords, this would have to be heard in the District Court. Alternatively just calling the gardai could solve things quickly..

maidhc

gabhain7 wrote:

or land lords,

PRTB deals with this now.

Shewhomustbe...

gabhain7 wrote:

Alternatively just calling the gardai could solve things quickly..

Can you do that? Or would it be considered a waste of their time?

dermot_sheehan

Shewhomustbe... wrote:

Can you do that? Or would it be considered a waste of their time?

Appropriating someone else's property without their consent is theft, and theft is a criminal offence. I don't know how the guards would react in this scenerio, just explain that the property is yours, and someone else is appropriating it, illegal under section 4 of the Criminal Justice(Fraud and Theft) Offences Act 2001, and that they have a duty to investigate and prevent crime.

Eru

gabhain7 wrote:

Small Claims can only be used for disputes with businesses or land lords, this would have to be heard in the District Court. Alternatively just calling the gardai could solve things quickly..

Arrange a time to collect the property with the person then contact the Gardai that will be working that night and prearrange for them too accompany you.

Now, strictly speaking its not our job to do this but based on personal experience if we can we will and it usually does the job. However you would need to establish a genuine reason for requiring the Gardai, IE the person will assault you if you try to get the property.

Disclaimer: karlitosway1978 cannot be held responsible if you arrive at a station and the Gardai on duty havent got the manpower or time to assist you, thats McDowells fault.