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Assumes that the true owner cannot be found due to the passage of time.

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The true owner does not want the property, so there is no concern for the previous owner's rights.

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The rule tries to make it more likely that true owner can get the property back.

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Seldom used rule where the property goes to the finder. Example: Maritime Law of Finds

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The property goes to the 1st possessor after the property's abandonment which requires specific facts to establish.

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The Property goes to the owner/possessor of the locus in quo.
Locus in quo = the place of the find.

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The true owner will have a hard time finding the property but the owner's rights should be preserved just in case.

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Finder has the rights against all BUT the true owner or a prior possessor.

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The person who catches the ball only establishes qualified pre-possessory interest & does not establish full right of possession that is protected from a subsequent legitimate claim.

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Think buried Pirate Gold.

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National Treasure (2004) - Treasure reveal

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Property was intentionally relinquished by the owner.

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Scene from Into The Wild where Christopher McCandless finds the "Magic Bus". Mirrored to avoid video being removed. I do not own any of this content.

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The property was purposefully placed but forgotten.

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The property fell somewhere.

Ex: Penny on the ground

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Significant steps interrupted by unlawful acts results in qualified right to possession.

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Hayashi possessed the ball BUT Popov expended labor to catch the ball.

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Hayashi possessed the ball BUT Popov expended labor to catch the ball.

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Solution: Sell the ball and divide the proceeds

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Barry Bonds hits his 73rd homer of the season

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Element: Confine the property & Maintain reasonable precautions

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Element: Confine the property & Maintain reasonable precautions

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Purpose is to show that the person does not intend to abandon the property again to the world at large.

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Element: Bring the property into one's power & control

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Element: Bring the property into one's power & control

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Special note: if an animal is not native, then one can reasonable assume that another person owns it. 