Legal Question in Criminal Law in Virginia

Personal Property Theft if Abandoned
I recently took an old porch bench (in broken condition) from the house my grandmother once lived in (she died in August 08). The house is empty now and does not belong to anyone in my family. Additionally, all personal items were removed from this house last August - except for the porch bench. I took it for sentimental reasons, and because I believed it was abandoned and unwanted. Now, a cousin of mine wants me to return the bench to the house - even though she has no legal right to that house. She has stated that if I do not comply, she will press charges. I am wondering if she really has a case - was there a level of expectation from her that this porch bench could continue to dwell at a house belonging to someone else, and yet be under her control? Is my assumption that this bench was abandoned, wrong? My intentions are to restore the bench and keep for sentimental value (it was my grandmother's). Do I have a reasonable defense, or is the law in her favor? I should point out again that the house was cleaned out of all personal items last August and the only thing left behind was this broken porch bench - left at a house that no one in my family has legal access to. Please advise, thanks!

Asked on 4/14/09, 9:35 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Personal Property Theft if Abandoned

Well, to silence this muttering cousin, why not get permission to remove the bench from the person

or entity which now owns the house or (if that has yet to be determined) then from the personal representative of your grandmother's estate?

Answered on 4/14/09, 11:59 pm

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