Lost and found
Is possession really nine-tenths of the law? All you need to know about lost, found and uncollected goods.
Uncollected or abandoned goods
If you have uncollected or abandoned goods you have a duty to look after them, but cannot use them or treat them as your own. You will be liable for any damage caused to the goods while they are in your care. If you've made steps to find and contact the original owner and they fail to collect the goods within a reasonable period, you can sell them. However, you have to prove you've followed the correct procedure as set out below.
Tracing the owner
Once you've traced the owner you're required to send them two formal notices. You can send or deliver the first notice, followed later by the second one, or send both notices together by recorded delivery or registered post.
The first written notice must state:
- That the owner is responsible for collecting the goods
- The details of the goods and where they are
- The finder's name and address
- How much money is owed, if any, for the goods when the notice is sent, for example, the repair cost or reasonable storage charges
The second written notice must state:
- That you intend to sell the goods if they are not collected by a date given in the notice
- The details of the goods and where they are
- Your name and address
- How much money is owed, if any, for the goods, when the notice is sent.
If the goods are a car you must complete a form for change of possession (Form B62, available from the Post OfficeŽ) before selling the car.
Money from the sale
You must be able to show the original owner that the sale was handled properly to get a fair price for the goods. Apart from the expenses of selling the goods, the original owner must be given the money from the sale if their address is known. If the goods had been left for repair and were then not collected, the cost of the repair work can also be deducted. If not, the money must be kept for the original owner.
However, after six years the owner cannot claim, or sue, for the money.
Stolen goods
When goods are stolen, the original owner retains their legal right of ownership over the goods. When stolen goods are found, a court can order the return of the goods or a compensation payment for the value of the article to be made to the original owner.
If someone receives stolen goods, even if they have paid a fair price and are unaware that the goods were stolen, the general rule is that the person with the goods does not usually get a legal right of ownership. The person with the goods must inform the owner and allow them to take them away, if they discover that they were stolen.
Lost goods If you find goods that appear to be lost, then you can keep the goods as long as: Goods handed over to the police The usual police practice is that the finder can have the goods back and keep them if they are not claimed within six weeks. However, the police may want more time if there are special circumstances and they want to investigate. Once the property has been returned to the finder by the police, the original owner cannot usually then claim the goods. Treasure Treasure is the property of the Crown. Anyone who finds treasure should report this directly to the coroner for the district where the object was found within 14 days of the find (or of first having reason to believe the object may be treasure). A finder who fails to report a discovery without a reasonable excuse will be committing a criminal offence.
If you find goods that appear to be lost, then you can keep the goods as long as:
- You did not find the goods dishonestly or while trespassing
- You take care of the goods - you will be liable for any damage caused to the goods while they are in your care
- You did not find the goods on your employers' property
- The goods are lost, and not uncollected or abandoned, stolen or treasure
- You have taken reasonable steps to find the owner of the goods
- The goods were found not attached to anything on premises or land where the occupier does not exercise much control, for example, an air terminal lounge, public part of a shop, or recreation ground.
Goods handed over to the police
The usual police practice is that the finder can have the goods back and keep them if they are not claimed within six weeks. However, the police may want more time if there are special circumstances and they want to investigate. Once the property has been returned to the finder by the police, the original owner cannot usually then claim the goods.
Treasure Treasure is the property of the Crown. Anyone who finds treasure should report this directly to the coroner for the district where the object was found within 14 days of the find (or of first having reason to believe the object may be treasure). A finder who fails to report a discovery without a reasonable excuse will be committing a criminal offence.
Treasure is the property of the Crown. Anyone who finds treasure should report this directly to the coroner for the district where the object was found within 14 days of the find (or of first having reason to believe the object may be treasure). A finder who fails to report a discovery without a reasonable excuse will be committing a criminal offence.
If using a metal detector, you should follow the rules. You must get the landowner's permission before searching on private land.
Sea and seashore Property found in the sea or the seashore could be from a ship and is known technically as 'wreck'. All wreck must be reported to the Receiver of Wreck, tel: 0238 0329 474.
Property found in the sea or the seashore could be from a ship and is known technically as 'wreck'. All wreck must be reported to the Receiver of Wreck, tel: 0238 0329 474.
Tom Green
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