Theoretical legal opinion

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lennygoran
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Theoretical legal opinion

Post by lennygoran » Wed Apr 28, 2010 10:06 am

Would anyone be able to tell me where I could find info on/line for this theoretical situation--somehow googling didn't get me anywhere. :)

A valuable of mine is blown onto my neighbor's property--legally am I entitled to get the item back? Regards, Len

BWV 1080
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Re: Theoretical legal opinion

Post by BWV 1080 » Wed Apr 28, 2010 11:57 am

lennygoran wrote:Would anyone be able to tell me where I could find info on/line for this theoretical situation--somehow googling didn't get me anywhere. :)

A valuable of mine is blown onto my neighbor's property--legally am I entitled to get the item back? Regards, Len
so if your kid throws a ball through your neighbor's open window can you enter his house to retrieve it?

JackC
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Re: Theoretical legal opinion

Post by JackC » Wed Apr 28, 2010 12:04 pm

It remains your property, but as BMV 1080 points out, there are constaints on what you can do to get it back. You can't go uninvited into their house to retrieve it. If the neighbors takes possession of it and won't return it, you may have to sue them.
Last edited by JackC on Wed Apr 28, 2010 12:06 pm, edited 1 time in total.

living_stradivarius
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Re: Theoretical legal opinion

Post by living_stradivarius » Wed Apr 28, 2010 12:06 pm

lennygoran wrote:Would anyone be able to tell me where I could find info on/line for this theoretical situation--somehow googling didn't get me anywhere. :)

A valuable of mine is blown onto my neighbor's property--legally am I entitled to get the item back? Regards, Len
Depends on the law in your jurisdiction. Typically, yes. For example, in California, finders of lost property are required by law to report and return it to its lawful owner (see the recent iPhone 4G prototype fiasco). As to how you get it back, that depends ;). As hinted above, you can't just barge in to retrieve it.
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BWV 1080
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Re: Theoretical legal opinion

Post by BWV 1080 » Wed Apr 28, 2010 12:11 pm

here is a real example, I have an autistic son that is prone to run away. About 4 years ago he bolted from me and ran into a neighbor's house. The neighbors were away and had left the front door unlocked. So did I commit breaking and entering retrieving him?

lennygoran
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Re: Theoretical legal opinion

Post by lennygoran » Wed Apr 28, 2010 1:29 pm

>so if your kid throws a ball through your neighbor's open window can you enter his house to retrieve it?<

Well that's not what I had in mind--take this example--you have a few valuable but small objects on a table in your yard--a wind comes up overnight and the following morning those items have blown on to your neighbor's property--legally does he have to let you have those items back? Regards, Len

lennygoran
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Re: Theoretical legal opinion

Post by lennygoran » Wed Apr 28, 2010 1:31 pm

>It remains your property, but as BMV 1080 points out, there are constaints on what you can do to get it back. You can't go uninvited into their house to retrieve it. If the neighbors takes possession of it and won't return it, you may have to sue them.<

Thanks, this is what I was looking for--I couldn't find any info on/line--any idea where you could read more? Regards, Len

lennygoran
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Re: Theoretical legal opinion

Post by lennygoran » Wed Apr 28, 2010 1:33 pm

>Depends on the law in your jurisdiction<

Yes, I'd love to read more about the law but I can't seem to google something that would get me the info. Regards, Len

lennygoran
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Re: Theoretical legal opinion

Post by lennygoran » Wed Apr 28, 2010 1:36 pm

>So did I commit breaking and entering retrieving him?<

Thanks, for me that's another matter--my concern was not how to get your item back but simply if you are entitled to have it back--through the courts if not from the kindness of your neighbor. Again I stress this was only a theoretical item for me--I'm in good with all my neighbors thank goodness! Regards, Len

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Re: Theoretical legal opinion

Post by Ralph » Wed Apr 28, 2010 3:29 pm

BWV 1080 wrote:here is a real example, I have an autistic son that is prone to run away. About 4 years ago he bolted from me and ran into a neighbor's house. The neighbors were away and had left the front door unlocked. So did I commit breaking and entering retrieving him?
*****

The doctrine of Private Necessity excuses committing acts that otherwise would eb crimes if so doing averts danger to the actor or he/she is acting on the behalf of a third person. The typical law school example is skiers lost in a blizzard who break into a cabin to save their lives and eat whatever they find there. They are not guilty of burglary or larceny but they are obligated to pay for the food and any damage they caused to the building.
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