If I find something lost, can I keep it? Here’s what a Texas lawyer says
Some would say it’s your lucky day if you find a penny on the sidewalk. But is that penny yours to take?
Everyone knows the saying, “finders keepers.” The tricky thing about this is that the law says finding something isn’t always yours to keep. Depending on the item, it can be considered theft.
The Star-Telegram spoke with Fort Worth lawyer Bryan Wilson, AKA The Texas Law Hawk. Wilson breaks down the common law and explains lost, mislaid, abandoned and treasure trove personal property.
Types of found personal property
There are four types of found personal property. The law defines personal property as “chattel” while land property is defined as “real property.”
Wilson explains the categories of chattel:
Abandoned property: The owner no longer wants the item and relinquishes it, or the owner knowingly relinquishes all right, title and interest to it.
Lost property: The owner unintentionally and involuntarily parts with property and doesn’t know where it is.
Mislaid property: The owner voluntarily and knowingly places it somewhere (with intent to return), but then forgets it.
Treasure Trove: The owner concealed the property in a hidden location long ago (usually limited to gold, silver, coins or currency).
Does Texas have a “finders keepers” law?
Texas law only recognizes three of those property terms– abandoned, lost and mislaid. There is no official “finders keepers” law in the Lone Star state.
According to Texas Property Code, property is considered as abandoned if no owner has come forward to claim it after three years. Abandoned property on public land is almost always safe to take for yourself.
Texans can use the Texas Comptroller’s Unclaimed Property website. Here, folks can look up abandoned property — and there’s a chance you may find something that belongs to you, like a deposit from a utility company or even a refund from an insurance company.
If an item is lost, it is perfectly legal to keep the property unless the owner comes forward. However, one should do their best to find the owner before assuming that the property is theirs to take. And if the owner eventually comes forward, the finder must give the property back.
If an item is mislaid, the owner most likely is looking for it and will come back to claim it. In this case, the property should remain in the place it was left so it can be found by the rightful owner.
“Lost property can be thought of like a watch lost on a beach recently, while mislaid property can be thought of like a Dewalt drill that is sitting on the dock after a construction crew leaves for the day (they probably placed it there but definitely have intent to return),” Wilson wrote to the Star-Telegram.
What Texas law says about treasure trove property
Texas does not acknowledge the treasure trove doctrine. Instead, the state treats treasure trove property the same as a mislaid or lost item, meaning that the items found belong to the owner of the property in which they are found.
Consequences for violating Texas law
Because Texas does not really acknowledge any “finders keepers” laws or the treasure trove doctrine, there are no explicit consequences for taking lost or abandoned property.
Really, the bottom line is if you find something on another person’s property, ensure the owner is abandoning it before taking it. If you find property in public, do your best to find the owner before taking it.
According to the Texas Penal Code, if you take something that is not yours intentionally to deprive the owner of their property, it is considered theft. Consequences for theft in Texas include:
Class C misdemeanor if the value of the property stolen is less than $100.
Class B misdemeanor if the value of the property stolen is $100 or more but less than $750.
Class A misdemeanor if the value of the property stolen is $750 or more but less than $2,500.
A state jail felony for property stolen is $2,500 or more but less than $30,000 and other special cases.