What do I do about the abandoned cars left in the garage at my job where I am security officer?
Full Question:
Answer:
Property is generally deemed to have been abandoned if it is found in a place where the true owner likely intended to leave it, but it is apparent that the true owner has no intention of returning to claim the item. Abandoned property generally becomes the property of whoever should find it and take possession of it first.
In order to be abandoned, the owner must have intentionally given up possession of the property. This may be proven by the amount of time the property has been left unclaimed by the owner. Also, the owners must have no intent to return and repossess the property or exercise his property rights.
Abandonment, if litigated, boils down to a question of fact for a jury, not a question of law for a judge. A person who claims property by abandonment must prove all the elements by clear and satisfactory evidence, not by the preponderance of the evidence applicable in civil suits. The jury ascertains the owner's intent by considering all of the facts and circumstances.
Mere non-use of property is insufficient to prove abandonment. However, evidence of long and unexplained non-use is admissible as to intent. Likewise, the passage of time in and of itself cannot constitute abandonment.
The determination of the finder's right to abandoned property is generally unaffected by the ownership of the land on which the property is found. Under the common law, abandonment divests the former owner of title to the property, as if he or she had never had any right or interest in it. A former owner cannot thereafter reassert his or her rights of ownership to the prejudice of those who may have, in the meantime, appropriated the property.