116
votes
Stealing my own property back?
No. This would not be illegal.
You are not trespassing or breaking and entering since you have permission to be on the premises, and you are the rightful owner of the guitar so you are not depriving ...
- 185k
85
votes
Accepted
Is it a crime to take my own package from a delivery truck before it has reached my home?
Yes, it's illegal
You are missing something terribly important:
The package might not be your property [yet]. In any way, it is not in your possession, while it is in the hands of the postal service!
...
- 31.3k
71
votes
Accepted
If I'm the CEO and largest shareholder of a public company, would taking anything from my office be considered as a theft?
Yes.
Let's assume this anecdote takes place while Gates was CEO. Bill Gates doesn't own all of Microsoft, and as an officer of the company, he owes a fiduciary duty to act in the best interests of ...
- 10.2k
60
votes
What if a spacecraft lands on my property?
You have to give them back
You don’t own other peoples stuff just because it’s on your property.
However, you may be entitled to salvage rights - that is, payment for recovery of the vessel.
- 192k
52
votes
Stealing my own property back?
Ohwilleke's answer is good, but there is a further point to consider.
You say that Bob is your ex. Are there grounds for him thinking that this guitar was a joint purchase while you were a couple, ...
- 2,408
50
votes
If I'm the CEO and largest shareholder of a public company, would taking anything from my office be considered as a theft?
Yes
Even if the CEO is the 100% owner of a private company.
Bill Gates and Microsoft are different people: Bill’s stuff is not Microsoft’s stuff and vice versa. If Bill takes Microsoft’s stuff without ...
- 192k
47
votes
Accepted
In Los Angeles can I defend my own property against looters?
If you are arrested for assault, you have available to you the defense of the right to defend real or personal property: you "may use reasonable force to protect that property from imminent harm. ...
- 206k
45
votes
A Swiss watch company seized my watch, saying it was stolen. I bought it 10 years ago. Is that legal?
switzerland
"Gutgläubiger Erwerb gestohlener Dinge" (buying of stolen goods in good faith) is a big topic in law. Different jurisdictions handle it differently, but most European (civil law) ...
- 4,709
40
votes
Accepted
Can I get reimbursed if police shot the window of my car during a standoff?
There is no legal obligation of the police or any of its officers to reimburse you. It comes within a police powers exception to the 5th Amendment obligation to provide compensation for takings. ...
- 185k
37
votes
Accepted
Pokémon Go hot spots and private property
What is the legality of someone putting a virtual hot spot on your property without permission? I know we are in uncharted territory but how would this compare to setting up a contest that would ...
- 12k
37
votes
Accepted
If a stolen item is stolen again, who has the liability?
You cannot pass on better title than you have
The fraudster (B) in this scenario does not have good title in the car and so the thief (C) doesn't either: 1) because they are a thief and 2) because ...
- 192k
37
votes
Accepted
Is it legal for a train company to create an art gallery using photographs of the graffiti on their locomotives and train cars?
Copyright law doesn't say the art isn't copyrighted if it was made unlawfully.
It seems the art can be copyrighted and the act of making it can be a criminal offence.
I'm not aware of any such ...
- 11.9k
36
votes
A Swiss watch company seized my watch, saying it was stolen. I bought it 10 years ago. Is that legal?
You describe a case with two or possibly three affected jurisdictions, Poland, Germany, and Switzerland.
First, you can of course demand that the Swiss company should give you documentation about the ...
- 13.2k
35
votes
Accepted
What law governs shopping carts?
Normal property law
When Aldi came to australia, they introduced their coin-in-the-slot model. The previous norm was that the trolleys were just available and people returned them. Some other chains ...
- 192k
32
votes
I abandoned my bicycle in the parking of the apartment I was living (Houston, Texas), what will happen?
I gather that you either a) don't want the bike or b) are physically unable to retrieve it.
You are acting like a spectator here. You ARE involved. By doing nothing, you are creating trouble for ...
31
votes
Is it legal for a train company to create an art gallery using photographs of the graffiti on their locomotives and train cars?
No
You are conflating two different ownership concepts: the art in which the copyright exists, and the artwork that is the expression of the art (my terminology).
The artist owns the art, the train ...
- 192k
30
votes
Accepted
In California, if a baseball lands in my yard, is it legally mine?
This is a general common law answer; specifics in California may differ.
Yes, they are committing the tort of trespass and you could sue them for whatever damage they did to your property; probably ...
- 192k
30
votes
Can possession of an asset be assumed in US civil court?
If the parties agree the sky is green then that is taken as fact by the court
common-law
Common law courts are adversarial and exist to resolve the dispute between the parties. That may involve them ...
- 192k
28
votes
If I'm the CEO and largest shareholder of a public company, would taking anything from my office be considered as a theft?
No. At least, not technically. Theft is taking without consent of the owner. The CEO is authorized to act on behalf of the company, and thus can give themself permission to take the computer. Even if ...
- 5,391
26
votes
Accepted
What can I legally do with abandoned cars I found on property I recently bought?
There are two very important points you should keep in mind here:
You are not under any obligation whatsoever to investigate the owner of a vehicle parked on your property.
You have full rights to ...
- 4,275
26
votes
What can I do if neighbor is blocking my solar panels intentionally?
Maryland has no law requiring a neighbor to not plant / trim trees that might shade a solar panel (on the ground or on the roof). There are laws against deeds, declarations, covenants, contracts etc. (...
- 206k
24
votes
Oregon property disclosure law: buyer discovers cracking foundation that seller did not disclose - 20 months after closing
Do I have recourse against seller? Is the seller liable or obligated
to disclose this and if so what are my options?
Probably not.
The general rule is that you accept any condition which could be ...
- 185k
23
votes
Accepted
Who owns the ancient alien bases hidden underneath Antarctica?
The Antarctic Treaty doesn't establish ownership or sovereignty
Article IV of the Antarctic Treaty makes clear that the Treaty is not a renunciation by any contracting party of any basis of claim to ...
- 36k
22
votes
Right to your own photo at the opticians
Copyright in a photo belongs to the photographer, not to the subject. A picture of S (the subject) is not S's property in any sense, unless the photographer has given or sold it to S.
If the photo was ...
- 112k
21
votes
In Los Angeles can I defend my own property against looters?
Legally, yes.
Under Penal Code 198.5, California follows the Castle doctrine, meaning there is no duty to retreat if a resident confronts an intruder inside the home. Residents are permitted to use ...
- 327
21
votes
Accepted
What happens if I sell the same physical item to several people?
What is the name of the crime and/or tort I have committed?
You are guilty of the crime of fraud, the crime of theft of the money and the item (I can't point you to the precise statute).
You have ...
- 185k
20
votes
Accepted
Is it legal to put a billboard on residential property?
Laws regarding billboards and advertising are very local in nature and are typically handled under city/county zoning ordinances. Start with calling your local county zoning office. They will tell you ...
- 18.7k
20
votes
Accepted
Is it legal to fix an iPhone with a non original battery in California?
To answer the question in the headline, yes, it is legal to install a non-original battery in an iPhone. In a 2016 Supreme Court case regarding another consumer electronics product (in that case, ...
- 2,022
Only top scored, non community-wiki answers of a minimum length are eligible