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Common Law Ownership of Borrowed Property

Posted on July 22, 2010 in: Renter Resources

As I’ve been packing up my apartment and getting ready to move 1,000 miles away, I’ve discovered that I’ve been unintentionally harboring several (okay, more than several) things that below to others. Let’s see, there’s a wetsuit, a heart rate monitor, a pair of shoes and a few other things that shall remain nameless (for fear that the true owner may want to claim them) that I have found in the nooks and crannies of my apartment.

Embarrassingly, I have had the wetsuit since 2004. To be fair, these same people have some of my things, too. One friend has a cocktail dress that I had forgotten about, but absolutely love, for at least five years. Another has had my futon for closer to ten years. With good friends, you often exchange many things without thought, and, without a prodding, forget.

This situation has raised a question: Is there a common law rule with respect to “borrowing” other people’s things and not returning them for quite a while (not intentionally, mind you, but because you are lazy)?

In some states, if a couple is together for seven years, they are considered to be common law spouses. If you use real property of other people, such as not respecting a property line, for a set number of years (generally, 20 or more), you may be deemed to have common law ownership of that real property. What about personal property exchanges between friends?

While I ponder that thought, I better start returning things.

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  1. darmowy
    Posted July 25, 2010 at 7:41 pm

    Me and my friend were arguing about an issue similar to this! Now I know that I was right. lol! Thanks for the information you post.

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  3. Posted November 20, 2010 at 5:08 pm

    Aw, this was a basically top quality article. In theory I’d prefer to write like this also – taking time and genuine work to produce a quality content… but what can I say… I procrastinate alot and never seem to have anything done.

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    Posted November 21, 2010 at 5:45 am

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  5. numeaugmew
    Posted November 29, 2010 at 2:36 am

    You certainly have some agreeable opinions and views. Your blog provides a fresh look at the subject.

  6. Posted January 8, 2011 at 9:18 am

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  8. Posted January 13, 2011 at 10:58 am

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    Posted January 18, 2011 at 12:54 pm

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About William Paid

My name is William Paid, Esquire and I’m a serial personal butler with 40 years distinguished service, orchestrating exceptional living experiences for exiled kings, rockstars, supermodels, and even a few “young gun” Internet executives who are now woefully overleveraged and unable to employ my services. My role is to ensure everything runs smoothly for renters and roommates. I’m at YOUR service.

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