If someone were to buy you a xmas or birthday present or give you another gift of some kind, and then say weeks, months or even years later they wanted it back, who would legally have the right to it? Who would legally own it? They say possesion is 9 10ths of the law so would it be a case of just fighting for it?! Is there a legal precedent for something like this? And if possesion is 9 10ths of the law, then if you had an item of yours in some elses house, could they then claim it as there property if you say went out and left it there and then came back wanting it back?! At what point does ownership change?!
2007-08-10 05:03:16 · 16 answers · asked by Alex 2 in Politics & Government ➔ Law & Ethics
my understanding:
when they buy it, it is their property.
once they give it to you as a gift, it is your property.
if the person gave you the gift conditionally, such as, this is yours, but if you are to ever get rid of it, it comes back to me.
if the person gave you the gift freely, then it is yours to do with as you wish.
sorry, don't know any precedence on this.
I think an engagement ring (or that type of item, or gift as some may construe), can be considered differently, but not sure
2007-08-10 05:08:38 · answer #1 · answered by bilko_ca 5 · 1⤊ 0⤋
Although I'm a boy, if I had a girlfriend, I wouldn't buy her an iron for Xmas. Instead, I'd rather we both went on holiday somewhere so that we could come back and talk about that Xmas holiday for months. Maybe the only Xmas present on one of the holidays would be a wedding proposal and the best gift she could give me in that respect would be to say 'yes'. I think it sounds more interesting to talk about a Xmas holiday where you visited somewhere you haven't been to before and tried something new.
2016-05-18 23:17:54 · answer #2 · answered by ? 3 · 0⤊ 0⤋
It is a legal gift, and therefore yours. They A) gave it to you, B) intended to give it to you for your own use, and C) gave up their rights in it.
The only way they could get it back is if they could prove that they only intended to give you it on loan, and that you were merely a "bailee", IE, someone who holds something for someone else.
If you left something at someone's house, it would all hinge on whether you intended to leave it there. Lost, or misplaced items do not change ownership - the true owner always has the superior property right. That being said, leaving something in someone's house is sometimes seen as an intent to abandon an object, at which point title is cut, and anyone can claim it as their own. But smart judges usually look for some action to show your intent to abandon said object.
2007-08-10 05:09:04 · answer #3 · answered by alokpinto 2 · 0⤊ 0⤋
Under most circumstances, ownership of the gift changes when the gift is given, or some token thereof (keys, a check, stock certificates, etc.).
There are exceptions, but most involve the transfer of ownership happening before delivery.
2007-08-10 05:19:50 · answer #4 · answered by open4one 7 · 0⤊ 0⤋
Gift property becomes your property if there;s
(1) Intent
(2) Delivery and
(3) Acceptance.
That is, the giver has to INTEND to give the gift (he didn't just leave the property somewhere)
He had to have DELIVERED the gift to you (he can't just say "oh I have this great thing that I want to give you... gift promises aren't enforceabe)
and you have to have ACCEPTED the gift (you can't just leave it in its box on your front porch for 20 days).
Once those elements are satisfied, title changes.
(There are, of course, exceptions... gifts of land usually have to be in writing... gifts of illegal items are void... gifts of money given to avoid creditors of the giver are void... you get the picture.)
2007-08-10 09:40:39 · answer #5 · answered by Perdendosi 7 · 0⤊ 0⤋
I would say they GAVE it to u. That means it is legally yours I mean if u went to court what would a judge say? If they want it back after years have past it isn't in good contion any more so just give it to them, how ever it is yours.
2007-08-10 05:09:14 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Unless it is a family heirloom, once a gift is given, they should not expect to get it back. If you left something at someone's house, you did not give it to them. It is still yours in that case.
2007-08-10 05:06:44 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Well if you verbally tell the person they can have the gift than your disclaiming it from yourself so as long as they know its theirs because they were told by you then the gift is legally theres... if not than its urs
2007-08-10 05:06:37 · answer #8 · answered by reeseepiecie 4 · 0⤊ 0⤋
It's considered a gift - and your property by law.
2007-08-10 05:05:52 · answer #9 · answered by Anonymous · 2⤊ 0⤋
Until the gift is presented it belongs to whomever bought it. Afterwards, its the recipient's.
2007-08-10 05:13:20 · answer #10 · answered by Lavrenti Beria 6 · 0⤊ 0⤋