united-states property
A invites B onto their property. B finds a mislaid item. Can B keep it or does it go to A?
<p><em>Mislaid property</em> is property that the owner intentionally set down in a place where he can again resort to it, but then forgets where it is. Mislaid property must be turned over to landowner, who tries to find the true owner. If none step forward then landowner has the right to possess it against all but rightful owner UNLESS if found in a part of the property open to the public or <strong>the finder was invited</strong> (in which case finder over all but rightful owner).</p>

<p>I want to know if the part in bold is correct or not according to <em>majority opinion</em> in common law.</p>

<p>Assume that the landowner is NOT the true owner of the mislaid item.</p>

<p>This will be different from state to state (and from country to country outside the USA). In Germany for example, it is straight theft if you take anything away from a place controlled by someone else, like a lost wallet that you find in <em>my</em> home, or in a shop, or on a train, but not on the street. </p>

<p>In the USA, in most places you will have a duty to find the owner. And if you don't ask the person controlling the property who might have lost it, I'd say you are clearly violating your duty. </p>

<p>There is of course the risk that if I see you walking out of my home or away from my land with stuff that isn't yours, I can call the police and accuse you of theft. I'll say "my mate Jack left this item here intentionally because he didn't have the space to store it, and you stole it". Which may even be the truth. This would put you into a very precarious legal situation. </p>

<p>[I'm basing this on the question as asked, and not on any particular legislation or jurisdiction.]</p>

<p>The finder being invited appears to confer no more rights than a member of the public using a public footpath across another person's land.</p>

<p>In both cases, it sounds like the member of the public or person B's first obligation is to turn the item over to the landowner (that's the part I would have put in bold). At this point, either :</p>

<p>1) The landowner says "that's mine", and the landowner keeps the item or</p>

<p>2) The landowner says "that's not mine", and is obliged to make a good faith attempt to find the owner.</p>

<p>So either way, the item would first go to A (the landowner). There appears to be no lawful way for B to remove the item without having given the landowner the chance to claim it or to find the rightful owner.</p>

<p>If a reasonable time has elapsed and the landowner has not claimed the item or found its owner, it would be reasonable for B to ask whether the owner had been found, with a view to taking possession of the item if they had not.</p>

<p>If B suspects they know - or subsequently discovers - the owner of the item, it would be reasonable for B to advise them that A had it. It would then become an issue between the item owner and the land owner, and B would no longer have a claim.</p>

<p>Short answer : It goes to A. Though B may be able to claim it later if the owner is not found.</p>

<p>[I've also used the words "item" and "land" to avoid ambiguity with "property".]</p>
