What is the law about keeping other peoples property when it is found on your property.?

Question

My sons football has landed in a neighbours garden. It hasn't caused any damage, but when my son asked if he could have the said ball back the neighbour flatly refused. Is she within her rights to do this.

Answer 1

No. She has a responsibility to find the rightful owner, and if she cannot, then she can keep the property or dispose of it. Two things need to happen. First you need to make sure this is not a habit, this ball going in their yard and that your boy makes an effort to make sure it doesn't go there. Second, go over to the neighbor and be nice. Introduce yourself and kindly ask for the ball back. If they refuse, say fine, we can let a judge decide of you wish but its going to cost us both more time and money than its worth is that what you really want to do? See if that changes their mind.

Answer 2

Obviously, there are some bad relationships between your family and the neighbor.

They don't have a "right" to keep the property, but they do have a right from a "football invasion."

As silly as it sounds, it's my opinion that the neighbor is being a bit cantankerous.

Possibly a fresh baked treat along with a humble appology for the "invasion" along with an assurance you'll reprimand the "inconsiderate" child from future occurances will help.

I know this puts the burden upon you...but sometimes people are unrealistic...it just depends on how important the football is to you.

I've had a neighbors child shooting arrows towards my own backyard which I felt was entirely different had my child been playing when an errant arrow crossed the fence. But a football is certainly not the same.

Either take the cookies over or buy a new football and live in disharmony.

Best wishes.

Answer 3

the definitive answer is no

the definition of theft under the theft act 1 (1) (every cop learns this their first day)

"to dishonestly appropriate property belonging to another wioth the intention of depriving that other of it."


appropriation is assuming the rights of ownership
whish they have done once they refuse to return it

dishonety is harder to prove but basically did they know the owner wanted it back and do they have any right to refuse it (no they dont)

do they know that by their actions they will deprive the owner of said property from the property iteslf.

yes they do

in essence this is theft. and yes they can be arrested

if they claim that it caused damage or annoyance, then they will have to take that to a civil claims court.

the neighbour can be arrested, but if an officer attends they will normally just use a bit of communication skills and get it returned.

Answer 4

Are you in the UK?

If so, this would be a difficult one to deal with if you got the Police involved.

She is technically committing the offence of theft but in order to committ theft you must dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.

In order words she must have dishonestly taken it in the first place, which she didn't, it landed in her garden and she must intend to permanently deprive your son of it. In other words, dispose of it in some way which prevents your son from getting it back or NEVER intend on giving it back.

If she was interviewed about this and she had a solicitor present, she would probably be advised to say she intended to give it back at some point. Therefore there would be no permanent deprivation and therefore no theft.

Off the top of my head, I can't think of any other criminal offence she may have committed but without knowing the full story, only what you've said in your question, it would be hard to give a fully accurate answer.

From what you're saying, it looks like a civil dispute at present which would have to be dealt with by the civil courts.

I also can't see the Police arresting her, maybe some stern words of advice which is what she'd get from me! Your son would also have to be told to be careful not to upset her again!

Good luck

Answer 5

From my understanding not really, but whos going to take that to court. This is really more a moral than a legal question. Generally abandoned property if it can be shown that it was abandoned will go to the finder but the ball dosen't sound like it was abandoned so unless this was done with some kind of intnent which i also doubt i think she should probably grow up and you you your sons ball back.

Answer 6

If you are in Britain then she has no right to keep the ball. She can apply for a order to stop the ball coming over her fence and you will have to comply. Otherwise she has to give the ball back (or whatever) or she can be charged with theft as she knows who the ball belongs to.
In the USA, I don't know.

Answer 7

No, she is not. That is called petty theft. You should go over there as the parent and ask for the ball back. Ask why she did not give it back to your son. You may need to work out some issues with your neighbor.

Answer 8

How many times has your son's football ended up in her garden? Maybe she's fed up, and trying to make a point. I'd go over there, adult to adult, and find out if that's the case. Then assure her that IF the ball ever gets kicked over her garden wall again, it's her ball.

Answer 9

No

What it did was create an involuntary bailment at best (trespass to chattles or conversion at worst)

She would only have a responsibility to not intentionally damage the item.

You should call her up and ask for the football back.

Answer 10

maybe she is sick of it happening all the time ,she is entitled to peace and quiet, if on the other hand she is just cranky best to avoid her or else you will have to get your son to apologise and get it back then think she can refuse if she wants and the cops do not want to get involved in civic disputes