HW Legal
Abandoned property vs. lost property
Abandoned property
By abandoning something, the owner shows their intention to stop being its owner. With a movable thing, abandoning it makes it ownerless, belonging to no one. With immovable property it works differently: it passes into the ownership of the state.
Unless someone else's rights or the law stand in the way, anyone can appropriate an ownerless thing, by "taking control" of it while also wanting to "have it for themselves". For example, if someone threw away their old jumper (so that it was clear they hadn't lost it or put it away somewhere, but had simply abandoned it), someone else could pick the jumper up and start using it as their own. In doing so, they would acquire ownership of the jumper by appropriation. But how would this work with treasure?
Lost property
Losing something doesn't deprive the owner of their ownership; they merely stop being its possessor, in that they stop actually controlling it and no longer know where it is. If the owner has simply set the thing down in a particular place, it isn't lost property.
Sometimes it can be hard to tell whether something is abandoned or lost, a rare treasure being one example. The law therefore lays down a rebuttable presumption that a thing is not abandoned. So we have to treat anything we come across in a publicly accessible place as if it has an owner, a bicycle parked outside a cinema, say, or a dog tied up outside a shop. If it is obvious that the thing is lost property (a wedding ring on the pavement, for instance), we become its finders.
Who is a finder?
A finder is someone who spots a lost thing, identifies it as lost, and starts actually controlling it (by picking it up and taking it away, for example). The finder does not become the owner, because they lack the will to "have the thing for themselves". The exception would be where the real owner does not come forward within 1 year of the find being announced. The finder would then become a good-faith possessor, and after 3 years they would acquire ownership by prescription, that is through long-term possession.
What are the finder's obligations?
The finder has to hand the thing over to whoever lost it, or to the owner. If it isn't clear who to return it to, the finder reports the find to the municipal office of the municipality where they found it, within 3 days of finding it. If the thing was found in a public building or on public transport, the finder hands it over to the operator.
The municipality then announces the find, typically by a notice on its official board. For lower-value items it usually takes no further steps. For something of considerable value, the municipality might, for example, announce the find in the media or by putting up posters. A public transport operator would do the same.
Until the owner (or the person who lost it) comes forward, the found thing is kept in safekeeping. If safekeeping is complicated, the thing is perishable, or it is otherwise difficult to store, it can be sold. The proceeds would then belong to the owner (or to whoever lost it).
What are the finder's rights?
The finder is entitled to a reward. The finder's reward is 10% of the value of the find. If, however, the thing only has value to its owner (or to whoever lost it), the finder is entitled to a reward set on a reasonable basis.
The finder is also entitled to reimbursement of the necessary expenses they incurred in connection with finding the thing.
What if the finder conceals the find?
In that case they are not entitled to the reward or to reimbursement of their expenses, they cannot acquire ownership of the thing, and they may not use it.
They are also liable for any damage they caused to the thing, including by failing to report the find.
Watch out: it can also amount to the offence of misappropriating a found thing, where the thing is worth 10,000 CZK or more. The offender faces up to 1 year in prison or a ban on an activity. If the thing is worth 1 million CZK or more, the Criminal Code even sets a prison sentence of six months to 5 years.
What about finding an animal?
If you find an animal that clearly had an owner, the find is again reported to the municipality where you found it. The person looking after the animal until it is returned to its owner cares for it as a responsible keeper would. This applies to domestic or captive animals, not to wild ones.
A special rule applies to animals kept as pets. Pets are animals kept in the household for pleasure and companionship rather than for profit, such as budgerigars, dogs, or cats. If the owner (or whoever lost the animal) does not come forward within 2 months of the find being announced, the finder becomes the animal's owner. If the finder does not want to own it, the municipality places the animal in a shelter.
Treasure found: what about finding a hidden object?
Now for the important question: what if someone digs up treasure? If a finder digs it up in the garden, say, or finds it walled up in the cellar, it is a hidden thing.
If the owner knew where the thing was hidden, the finder would have no right to a reward. But if it isn't clear who the treasure belongs to, the finder may come away with a tidy reward. In that case they have to report the find to the owner of the land and to the municipality where they found it.
If the thing does not pass by law to the state, the region, or the municipality, the landowner and the finder agree between them who keeps it. Whoever keeps it pays the other half the value of the thing.
If they can't agree, the thing goes to the landowner, who then pays the finder half its value.
Certain exceptions apply: archaeological finds, for example, are the property of the region. If they were found during research carried out by a municipality (or the state), they would go to the municipality (or the state). The finder would still have a right to a reward, though.
Still not sure what the next steps are after finding an object or an animal? Get in touch with an experienced lawyer.