We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is Abandoned Property Law?

By M. Lupica
Updated May 17, 2024
Our promise to you
WiseGeek is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGeek, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Abandoned property law pertains to property to which the rightful owner has relinquished all of their rights voluntarily through their actions or words. Abandoned property should be differentiated from mislaid or lost property, in which the true owner maintains ownership even if they do not know of its location. Abandoned property law is most often applied to a scenario where a tenant moves out of their residence and leaves property behind.

Abandoned property is defined at common law as property that has been intentionally discarded by the owner, relinquishing all ownership rights in the object, which is not to be confused with lost or mislaid property. Lost property is property that which has been separated from its owner without the owner’s intention, and the owner is not aware of its location. Mislaid property is property that has been set down somewhere by the owner who believes at the time that he may retrieve the item later, but later forgets to retrieve the item or cannot remember its location. In traditional abandoned property law, though the finder of lost or mislaid goods was entitled to possession over everyone except the true owner, they could never gain ownership of the item. The doctrine has evolved so that after a reasonable amount of time, the property is deemed abandoned and the finder becomes the true owner.

The traditional illustration of abandoned property law occurs at a barber shop where one of its patrons mistakenly leaves a bag at his seat when he goes up for a haircut and never retrieves it before leaving. If he did not mean to leave the bag at the seat, then the property is considered to be lost. If he did mean to leave it at the seat and just forgot to retrieve it, then the property is considered to be mislaid. Because abandoned property law is geared toward returning the product to its true owner, even if an employee of the barber shop finds the bag, it is to be held by the owner of the property on which it is left as it is expected that the true owner will eventually return to find it. Over time, if the property is deemed to be abandoned, then it will become property of the barber shop’s owner.

Today, abandoned property law most often comes into play when a tenant leaves property after the termination of a lease. Some jurisdictions dictate that property to become property of the landlord-owner after providing notice of the existence of the property that was left. Very often, the landlord-owner may bring legal action against the tenant for the costs of disposing such property.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.