By:  Joseph Clark, Esq.

Hurricane Sandy has left many New Yorkers homeless, and many more rummaging through their things to see what they can take with them, and what they have to leave behind.  These decisions will often be made hastily as families struggle with more pressing matters like their shelter.  As a result, there’s a good chance that folks will regret leaving behind some of their belongings and come back to reclaim  their stuff.  However, there could be a problem: personal things families left on the front lawn might be picked  up by others in the community who chose not to leave.  Those folks who remained  in the community might feel that they have a right to the stuff  left behind. So what does the law  have to say about finders keepers, losers weepers?

In New York, the answer is somewhat muddled and depends on the intent of the people who left their property behind.   If  the people who left their belongings no longer wanted it, the property is considered abandoned  and  the owner effectively relinquishes ownership. Ordinarily the intent of the owner to abandon  their property can be inferred from where they leave it like on the side of the road  next to their garbage or at the local garbage dump.  But, Hurricane Sandy has complicated what  it means to “abandon” property.  It could be that the owner actually intended to part with their belongings out of necessity, hoping to reclaim it after they find shelter. As a result the property is considered “lost” or  “misplaced”,  not abandoned.  In cases  like these, the ownership rights of the owner continue and neighbors can’t just walk away with their things unless they take a few key steps to earn the right to the property.

In the lost property scenario, the owner has mistakenly left their property somewhere or chose to leave it temporarily out of necessity.  These “losers” are not viewed as losers at all in the eyes of the law when they try to reclaim their property. In fact, the true owner of the lost item will always have a superior claim against anyone else, including neighbors who chose to stay to behind.  But, often the true owner never really does come back for their lost stuff: either they forget about it or decide it’s not worth looking for.   New York actually has a statute on the books that speaks directly to this scenario.  So what are the ownership rights of the finder when the loser never comes back to reclaim their property?

The answer is framed specifically by the value of  the property and  the efforts made by the finder to reach out in good faith to restore the loser’s ownership.  If you find property on the side of the road that is valued at less than twenty dollars, you still have to make reasonable efforts to locate the owner. That might entail making a phone call  to the neighbor who left or tracking them down, it depends on what a court considers reasonable.  But, if after 1 whole year, your efforts have failed and  the owner has not come forward, the finder becomes the rightful owner of the property.  However  in cases where the property is worth more than twenty dollars the situation is entirely changed. In those cases, the property must  be turned  into the police! The amount of time the police must hold onto the property before the finder can have it back depends on the value of the item.  For those lucky enough to turn in an  item worth five thousand dollars or more, the wait can be up to three years.

Although the “intent” of the loser will be argued in court and judges may reasonably excuse excesses in light of the turmoil Sandy wrought, the odds are that picking up misplaced property is more of a burden than a stroke of luck.  Next time you come across property left behind consider the responsibilities thrust on you by picking it up: even if it’s a cheap item, you’re violating the law if you don’t make an  effort to return it to the owner.  If  it’s more valuable, you’re in for a long-term relationship with your local police station.  Perhaps here, finders keepers, losers weepers doesn’t tell the whole story.

 

About the Author:

Joseph Clark, Esq. is an associate in Kirschenbaum & Kirschenbaum, P.C.'s real estate department and regularly represents clients with leasing, sales, purchases and closings.  To contact Joseph Clark, call (516) 747-6700 x. 307 or email him at JClark@Kirschenbaumesq.com.