Year and a day rule -found property

trad

Can some one quote me the statute for the year and a day rule in relation to ownership of an item that was found.

Is it Common Law?

hullaballoo

I could have this arseways but the only year-and-a-day rule I know of relates to murder i.e., if the victim dies after a year and a day, there was a conclusive presumption the death was not caused by unlawful killing (I'm paraphrasing, it was murder or any other form of homicide iirc). It's largely obsolete given medical advancements. It was repealed completely in England and Wales in 1996.

You seem to be looking to rely on the finders keepers rule which operates where property is found and the true owner cannot be identified by reasonable steps. Again, the rule is archaic and in most circumstances nowadays, it is possible to trace the true owner of property.

Edit: It might also be important to point out that where steps are not taken to establish the owner of "lost" property, there is potential that the finder could be prosecuted by the state for theft and or pursued by the owner for conversion.

trad

Thanks for that. Finders keepers rule, that's what I was looking for. Is it Common Law or laid out in Statute?

Victor

I understand that under the Police Property Act, if you hand lost property in to the Garda and it is unclaimed after a year, that the finder has the opportunity of taking ownership of the object.

hullaballoo

trad wrote: »

Thanks for that. Finders keepers rule, that's what I was looking for. Is it Common Law or laid out in Statute?

It's common law but again, it's application is (and always has been) limited. It is even more limited now that most valuable items are traceable and registered to their owners in some manner.

trad

Thanks for all the input

TheNog

Victor wrote: »

I understand that under the Police Property Act, if you hand lost property in to the Garda and it is unclaimed after a year, that the finder has the opportunity of taking ownership of the object.

Pretty sure this has changed drastically. I don't know if legislation was passed but I do know that property found and handed to Gardai can be returned to the finder after X amount of days. Can't remember how many days (might be 14 to 21 days) but in the last couple of years our property log books changed to the above days down from a year and a day

Cody Pomeray

Finders Keepers is a bit of a misnomer.

It's more correct to say "Finders who seek but fail to find the original owners Keepers" but that doesn't quite roll of the tongue does it.

For example.

If you are crossing my meadow and you come across a trove of modern coins, you have a right to take possession of them, plain and simple.

However, quite unrelated to your right to take possession, you ought to presume that they belong to me and that I am entitled to possess them, otherwise you might be prosecuted or sued.

On the other hand, if I say that these coins are NOT my property, you as a finder have a clear, binding right to take possession (ownership?) of them, so long as there is no other presumed owner (e.g. found on commonage), and if nobody claims them.

Finders Keepers is still very relevant today - it isn't seriously unusual for a member of the public to find a bank note on the street, or for a camera to be found on a bus, or a piece of jewelry to be found on a playing field or in a public park.

Obviously 'finders keepers' does not apply to archeological objects.

Condatis

My understanding is that there is no obligation to hand to the Garda items that you have found. (Remember what happened that nine thousand euros).

It is sufficient that you make reasonable efforts to establish ownership, if you can not do so the item is yours.

Cody Pomeray

Not as a matter of necessity.

It's certainly one of the reasonable steps a finder could take to protect himself from a charge of theft, but there are no positive obligations.

BornToKill

Condatis wrote: »

My understanding is that there is no obligation to hand to the Garda items that you have found. (Remember what happened that nine thousand euros).

Recovered following a robbery. Not handed in.

Condatis

BornToKill wrote: »

Recovered following a robbery. Not handed in.

I know that. I was being mischievous.

If you are told that property you handed in had been claimed there is no set procedure to advise you who claimed it.

For be it from me to suggest ... ...

However; should I again find something of value I would acquire a legitimate interest in it. I would therefore take the same control of its security as I would with a Credit Card. I would then take sufficient measures to locate the owner, keeping a record of such measures.

I could say more – but shall not.

Fred Swanson

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GoodisonPark

Fred Swanson wrote: »

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Aren't Lottery tickets a bearer instrument ?

Fred Swanson

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