Legal Question in Real Estate Law in Ohio

abandoned animal

I was asked to take care of an african grey parrot for a couple of months. This was over a year ago. I had not heard from the owner for ten months so I assumed the bird was mine. Now the owner is asking for the bird. The owner has not paid any money for taking care of the bird, has not come to visit the bird or called or contacted me. What are my rights to the bird? I would like to keep the bird because he has become a part of my family.

Thank you.


Asked on 11/02/02, 3:37 pm

2 Answers from Attorneys

Joseph Burke Law Office of Joseph T. Burke

Re: abandoned animal

Animals are considered chattel or personal property under the law. If someone abandoned the bird, the burden is encumbent on them to assert a claim. If you want to keep the bird, let the other person take affirmative action to recover it.

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Answered on 11/04/02, 8:28 am
David Weilbacher, Esq. Attorney at Law

Re: abandoned animal

I understand your feelings, in fact I've always wanted an african gray, but haven't had the time the bird would need. Unfortunately, the bird, just like a dog, cat, or anyother pet, is considered personal property, thus it must be returned. When you took possession of the bird, a bailment was created whereby you are obligated to safe guard the animal while in your possession, and return the animal upon demand of the owner. All is not lost however. You have been "boarding" this animal, thus, in my opinion, you are entitled to compensation and reembursement of your expenses. You should submit a bill to the owner, and assert a lien against the animal and maintain possession until the bill is payed. Much like a tow truck company does. Good luck. And if you deside you don't want the bird anymore let me know.

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Answered on 11/02/02, 10:23 pm


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