Legal Question in Real Estate Law in Alabama

How long do you have to have possession of an item (like a dog pen and dog house) before it belongs to you legally. A family member we thought gave it to us and now they are wanting it back. We no longer have it. It was old when we thought it was given to us. They are upset about it and wanting to call the police. It was brand new valued at about $250. Please help.


Asked on 3/27/10, 3:33 pm

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

There is no legal theory that gives you ownership of a thing because you possess it for a certain length of time. While there is a way to gain legal ownership of land by possessing it under certain conditions for a required length of time, this does not apply to things (or what lawyers call chattel property). If the people who allowed you to use the property did so by loaning it to you, they generally cannot be said to have abandoned the property. If they gave it to you as an unconditional gift, it is yours. If they did not give it to you, you have to give it back or give them the value of the property. Feel free to give me a call if you'd like to discuss this problem. Good luck.

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Answered on 4/02/10, 4:36 pm


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