Let’s say my property (whether it be a cow, or perhaps just an ordinary ball) ends up on my neighbor’s plot, but we have concluded no agreements for such cases. Can the neighbor in such a case take my ball, kill my cow?

anonymous question

To begin with, the neighbor must be prepared to prove that it was not he who stole the ball or the cow, but that it landed on his land on its own. Then, he must be prepared to prove that the landing of a foreign object on his property caused him damage. And finally, he must be prepared to prove that he did not know and had no simple ways of finding out who owned the object, and therefore considered the appropriation of the object as the most logical way to compensate for the damage, rather than approaching the owner of the object with a demand for compensation.

The title of ownership to an object does not transfer from one subject to another simply because the object changed location. But, of course, in a situation where it is unknown whose cow grazed on someone else’s plot for two years, managed to calve, and then the owner of the cow appears, the owner of the plot would probably be able to justify his rights to the calf. Similarly, if the owner of a ball comes to claim it after a week, the owner of the ball is unlikely to be entitled to demand rental payment for the fact that the ball was used to play football.

Trespassers will be shot

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