04-16-2018, 07:32 PM
(04-16-2018, 04:58 PM)robdrimmie Wrote:(04-16-2018, 01:32 PM)danbrotherston Wrote: That was my question. I am quite certain that if someone leaves something in my driveway that is not a car, I'm in my rights to take it, or have it removed and/or liquidate it to cover the costs of having it removed. Now, I might be a nice guy and if it say, a phone, or a wallet or something, attempt to have it returned to the owner, but AFAIK there is no legal requirement to do so.
But if that object just happens to be a car, does that change anything? It seems like it so often does, but I don't think it should.
I do not believe that is the case, though it is likely dependent on jurisdiction. I believe in the scenario described (neighbour leaves a car, phone or wallet in your driveway) it is considered mislaid property, and the rightful/title owner's property rights apply.
https://en.wikipedia.org/wiki/Lost,_misl...d_property
Interesting.
Well, that is surprising.
Although I am not a lawyer, parking a car in your neighbours driveway doesn't seem to qualify for any of these. It's not abandoned, because you (probably) intend to return to it, but it isn't lost or mislaid, because you intended to park there.
So I'm not sure if any of those laws would apply.
If they did, that would be absurd though, because then you could park in your neighbours driveway and there's not a thing they could do about it.
Sometimes laws just do not make any sense.