During a storm in Tornado Alley, a house is destroyed, but its owner Dorothy survives. Dorothy plans to return to the site to salvage her possessions, but she delays. Meanwhile, Elliott combs through the ruins and removes all useful items. Dorothy

Question

learns of the recovery and files a suit against Elliott, claiming that the items are hers. Elliott responds that the destroyed house was abandoned and therefore he has good title to whatever he took possession of. What is the court likely to rule, and why?

Answer 1

The court is most likely to rule that the property recovered rightfully belongs to its owner, because in this problem Dorothy did not abandon the house or her possessions.
Someone who discovers another's property can lay claim to it if it was abandoned. Abandonment requires an intent to give title to the property to the first person who discovers it. That intent is lacking in this problem, because Dorothy intended to return to the site of the destruction and recover what she could from the ruins. There was no intent to pass title to whoever else might have combed through the ruins and "discovered" her property. Thus, Dorothy retained good title to her property, and Elliott is most likely to be ordered to return it.

Elliott

might also have argued that the property was mislaid or lost, but those arguments would likewise fail. Neither the house nor its contents qualify as mislaid or lost, and, even if they did, mislaid or lost property must be returned to its owner if the owner comes forward or is found.

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