XML FeedsLIMITS OF OWNERSHIP - PART I
By admin on Mar 11, 2010 | In Law | Send feedback »
Ownership of an object entitles the owner to possession of the object. However, from time to time possession is obtained by a party other than the owner and without the permission of the owner. As earlier indicated, such possession is adverse possession and may come about through a variety of means. Unfortunately, one of the most common means is by obtaining a stolen object. The object may thus be in the possession of such party but not be accompanied by title or ownership. Issues arise as to the knowledge of the possessor of the stolen goods and any duty that may be required of such possessor at the time that possession is offered to that party. Is there a requirement that the possessor take reasonable care or make reasonable efforts to determine ownership? What if this is not done? Does the original owner who has lost or had the object stolen have a duty to take action to make the world aware of the theft? How long can the possessor of the stolen object lay claim to that object when it is later discovered by the original owner? Are there any intervening laws that try to balance the rights of an innocent possessor or purchaser against the rights of the original owner from whom the object was stolen? Also, was the work really stolen or was it abandoned? If it was abandoned, what rules apply? How is it proved that there was an intent to abandon and that the work was not simply mislaid? Are there any special rules that apply to abandoned goods? These are some of the issues that will be dealt with in this chapter.
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