Q: Does the finder rule apply to a finder of an abandoned incorporeal hereditament, as in superior title over all others?
I am asking for both general across the USA and for New York. Does it matter if it is an abandoned incorporeal hereditament that has been separated from the land, and is no longer an interest in the land? Does the finder get superior title over all others for incorporeal hereditaments?
A:
When dealing with the finder rule, it generally applies to physical, tangible property rather than incorporeal hereditaments, which are intangible rights or interests. Across the USA, and specifically in New York, the concept of "finders keepers" does not typically extend to incorporeal rights, especially those that have been separated from the land. These rights are often governed by specific legal doctrines, rather than the simple rule applied to physical objects.
Incorporeal hereditaments, like easements or profits, require a more detailed legal approach. If these rights have been abandoned, they might revert to the landowner or be subject to different legal principles, but the finder would not automatically gain superior title over others.
For specific situations like this, it's important to consider the legal context and possibly seek out detailed legal advice to understand your rights and obligations fully. The complexities of real estate law, particularly with incorporeal rights, can vary significantly depending on the jurisdiction and the specific circumstances involved.
Steven Warren Smollens agrees with this answer
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