Legal Question in Real Estate Law in Massachusetts
Who technically owns the complimentary bread served at most restaurants once it is put onto the table? Does it belong to the restaurant? To all of the restaurant guests at that table? Or does it belong to the person who pays the bill for the rest of the food? If the person who pays for the rest of the food owns it, then does ownership change after they abandon the table?
1 Answer from Attorneys
This question has nothing to do with real estate or real property. It is offered as a gift to the parties at the table. Since there is no way for the restaurant to know or to mandate who will be paying the bill, it would not be possible to make the offer of bread contingent on payment by a specific person or payment at all. Unless the bread is requested and delivered to a specific person under circumstances in which others would not reasonably believe it were for them, it belongs to the table as a whole to be done with as the table would have done. The real answer is that the bread and dining rules in a private establishment are governed by the rules of that establishment.