Legal Question in Civil Litigation in Utah

Question Concerning Property Law

I have a question concerning property laws. I was given an animal 9 months ago by a friend that had to leave the state due to military service. If there was no notarized agreement saying that the animal was in my temporary care what amount of time would have to lapse before the animal would become my personal property? Also if this were to go to a civil court would a verbal agreement be accepted as evidence if there was no third party present to verify that it was in fact agreed upon. Thank you.

Robert


Asked on 3/29/02, 12:49 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Question Concerning Property Law

If you were given the animal, then it belongs to you and you can do with it as you please. If there was some agreement that you would care for it until some specified time, then that would be your duty. However, if it is unclear, then contact the original owner and get permission to either give it to someone else, dispose of it or whatever you need. In the event of a legal action whichever party presents the greater proof of his/her case will prevail. Where the court has equally persuasive arguments from both sides, the judge would probably consider what is in the best interests of the animal, in which case since you have been caring for it for several months, would help your case.

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Answered on 3/29/02, 1:04 pm


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