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Halp Bros--Old Law Firm Stole My Couch
| concupiscible organic girlfriend quadroon | 10/04/12 |
| Angry up-to-no-good property coldplay fan | 10/04/12 |
| Translucent Fear-inspiring Selfie Locus | 10/04/12 |
| Overrated Prole | 10/05/12 |
| topaz dopamine dingle berry | 10/04/12 |
| useless sandwich | 10/04/12 |
| titillating whorehouse potus | 10/04/12 |
| Primrose giraffe foreskin | 10/04/12 |
| Excitant Dead Stead | 10/04/12 |
| Overrated Prole | 10/04/12 |
| walnut windowlicker | 05/12/22 |
| Overrated Prole | 10/04/12 |
| Curious maniacal abode liquid oxygen | 10/04/12 |
| Overrated Prole | 10/04/12 |
| Chestnut nursing home haunted graveyard | 10/04/12 |
| sticky temple | 10/05/12 |
| dull abnormal area toilet seat | 10/05/12 |
| Overrated Prole | 10/05/12 |
| provocative church building | 10/05/12 |
| Overrated Prole | 10/05/12 |
| Poppy hall | 10/05/12 |
| azure institution | 08/22/13 |
| brass dashing native | 05/27/17 |
| Unholy Sneaky Criminal Weed Whacker | 07/19/17 |
| Autistic mexican | 10/05/12 |
| Overrated Prole | 10/05/12 |
| Overrated Prole | 11/28/12 |
| charismatic deep immigrant | 12/06/13 |
| razzle purple meetinghouse hissy fit | 12/06/13 |
| titillating whorehouse potus | 05/27/17 |
| bearded fantasy-prone national jap | 05/12/22 |
| glittery messiness | 10/04/12 |
| Overrated Prole | 10/04/12 |
| glittery messiness | 10/04/12 |
| Overrated Prole | 10/04/12 |
| Unholy Sneaky Criminal Weed Whacker | 10/04/12 |
| Overrated Prole | 10/04/12 |
| boyish flatulent preventive strike | 10/04/12 |
| Overrated Prole | 10/04/12 |
| swollen thriller stage roast beef | 10/05/12 |
| Deranged Rehab | 10/05/12 |
| Overrated Prole | 10/05/12 |
| Stubborn site dysfunction | 05/27/17 |
| azure institution | 12/06/13 |
| titillating whorehouse potus | 05/27/17 |
| sick ceo | 07/19/17 |
| bateful ultramarine tanning salon digit ratio | 07/19/17 |
| walnut windowlicker | 08/28/21 |
Poast new message in this thread
Date: October 4th, 2012 5:28 PM Author: concupiscible organic girlfriend quadroon I worked at a firm and recently left. When I first started with this firm, I purchased a couch to nap on between 2pm and 3pm each day, schedule permitting. I was packing up my office last weekend and brought a friend along to help move the couch out. The partner happened to be there and said "not so fast, that's my couch." I calmly explained I had purchased it and brought it in to the office to nap on. He called it an "abandoned fixture" and said under some county ordinance it belonged to him. Halp. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21716858) |
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Date: October 4th, 2012 7:14 PM Author: Angry up-to-no-good property coldplay fan take it and make him stop you (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717732) |
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Date: October 4th, 2012 11:50 PM Author: Translucent Fear-inspiring Selfie Locus Lmao! (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719984) |
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Date: October 5th, 2012 11:10 AM Author: Overrated Prole (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21722011) |
Date: October 4th, 2012 5:32 PM Author: topaz dopamine dingle berry what state? (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21716895) |
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Date: October 4th, 2012 6:23 PM Author: useless sandwich lol (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717373) |
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Date: October 4th, 2012 6:30 PM Author: titillating whorehouse potus lol (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717412) |
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Date: October 4th, 2012 6:35 PM Author: Primrose giraffe foreskin (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717441) |
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Date: October 4th, 2012 6:39 PM Author: Excitant Dead Stead fuckin' steve (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717460) |
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Date: October 4th, 2012 11:17 PM Author: Overrated Prole shitlaw steve (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719624) |
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Date: May 12th, 2022 4:18 PM Author: walnut windowlicker (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#44501339) |
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Date: October 4th, 2012 6:46 PM Author: Overrated Prole If I recall correctly from my 1L property class, you may have a right to the furniture. The common law rule is that whatsoever is fixed to the realty is thereby made a part of the realty to which it adheres. However, the new, prevailing rule is that tenants may remove whatever they install for the purpose of carrying on a trade (i.e. trade fixtures), provided that they can be uninstalled without injury to the premises, and that such removal is effected before they yield possession of the premises. Arguably, the couch was a trade fixture--you put it in your office for the purpose of aiding you in carrying on your trade as a lawyer. Given that you can remove it without injury to the premises, and because you haven't completely yielded possession of the premises, I think you have a colorable claim that you have a right to that couch, notwithstanding any extant ordinances. The rationale behind this rule is that it is conducive to trade and commerce. The tenant installs things for the benefit of carrying on his trade, not to enhance the landlord's realty.
You should also be aware that there are other theories that may be applied to these circumstances, depending on what jurisdiction you're in. There is the institutional theory: additions to the realty become a part of an economic unit, and therefore become the landlord's property.
I sincerely xoxohth. Let me know if you have any questions or if I need to clarify or expand on anything.
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Date: October 4th, 2012 7:08 PM Author: Curious maniacal abode liquid oxygen 180 (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21717675) |
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Date: October 4th, 2012 10:07 PM Author: Overrated Prole (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21718985) |
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Date: October 4th, 2012 10:08 PM Author: Chestnut nursing home haunted graveyard Lol xoxo (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21718995) |
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Date: October 5th, 2012 2:11 AM Author: sticky temple The firm is the tenant. Analysis irrelevant unless the shitlaw firm is some sort of coöp structured like a salon where you rent your own chair/office. HTH (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21720779) |
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Date: October 5th, 2012 4:26 AM Author: dull abnormal area toilet seat Couches aren't fixtures of any type. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21720974) |
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Date: October 5th, 2012 9:46 AM Author: Overrated Prole Ah, yes, well, because I'm a BIGLAW billy rather than a shitlaw steve, I would bring multiple claims if I was helping OP get his couch back. The aforesaid analysis is merely a possible argument if my other more cogent arguments fail. Look at it as a sort of quasi-landlord-tenant argument, perhaps. Surely, though, there is an argument to be made under the doctrine of finders. Let’s see what that analysis would look like, shall we? The rule of finders is that the finder of property has a right to that property against all the world except the true owner or prior possessor. In this case, OP is the true owner and prior possessor. Therefore, his boss does not have a right to that property. However, bossman is claiming that OP abandoned the couch. In order for one to abandon something, there must be an act of abandonment and intent to abandon. I’ll go ahead and concede that there was an act of abandonment; there is surely an argument that there was. However, OP never intended to abandon the property, as evidenced by his return to the premises in order to retrieve said property. Therefore, the property was not abandoned. Thus, again, OP has a colorable claim that he has a right to that couch.
Again, I sincerely xoxohth. Do let me know if I need to clarify or expand on anything.
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Date: October 5th, 2012 12:05 PM Author: provocative church building This is so 180. Well done. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21722470) |
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Date: October 5th, 2012 2:06 PM Author: Overrated Prole tyty (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21723397) |
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Date: October 5th, 2012 2:17 PM Author: Poppy hall 180 (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21723458) |
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Date: August 22nd, 2013 11:20 PM Author: azure institution 180 (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#23915695) |
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Date: May 27th, 2017 2:49 PM Author: brass dashing native (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409163) |
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Date: July 19th, 2017 2:11 PM Author: Unholy Sneaky Criminal Weed Whacker Bigfinderskeeperslaw (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33809764) |
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Date: October 5th, 2012 7:07 AM Author: Autistic mexican 180 if real, 180 if not real (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21721095) |
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Date: October 5th, 2012 2:39 PM Author: Overrated Prole (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21723576) |
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Date: November 28th, 2012 10:30 PM Author: Overrated Prole (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#22130665) |
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Date: December 6th, 2013 9:34 AM Author: charismatic deep immigrant (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#24579596) |
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Date: December 6th, 2013 2:24 PM Author: razzle purple meetinghouse hissy fit 180 well done. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#24581212) |
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Date: May 27th, 2017 2:50 PM Author: titillating whorehouse potus Couches don't even get installed. The doctrine you're looking for here is manifestly mislaid. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409172) |
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Date: May 12th, 2022 4:24 PM Author: bearded fantasy-prone national jap (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#44501373) |
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Date: October 4th, 2012 10:09 PM Author: glittery messiness Eh, I don't know about no couch but I'd probably be facing felony jail time if they added up all the office supplies I stole over the years.
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Date: October 4th, 2012 10:15 PM Author: Overrated Prole why do you steal from your employer bro? (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719060) |
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Date: October 4th, 2012 10:16 PM Author: glittery messiness I just have a thing for paper clips and post-it notes. I think I'm kinda planning to build a yacht out of post-its. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719075) |
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Date: October 4th, 2012 10:20 PM Author: Overrated Prole sweet good luck bro (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719119) |
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Date: October 4th, 2012 10:20 PM Author: Unholy Sneaky Criminal Weed Whacker thought for sure this would be johnsmeyer (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719117) |
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Date: October 4th, 2012 10:24 PM Author: Overrated Prole It's one of his alts (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719163) |
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Date: October 4th, 2012 11:19 PM Author: boyish flatulent preventive strike Flame. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719634) |
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Date: October 4th, 2012 11:43 PM Author: Overrated Prole cr (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21719909) |
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Date: October 5th, 2012 9:18 AM Author: swollen thriller stage roast beef You are flame or the partner is a fucking idiot. In no way is a couch a fixture. In no way have you abandoned it. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21721248) |
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Date: October 5th, 2012 12:08 PM Author: Deranged Rehab Fuck yo couch!
Buy another one you rich motherfucker!
Darkness is! Darkness is! |
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Date: October 5th, 2012 6:42 PM Author: Overrated Prole (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#21725143) |
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Date: May 27th, 2017 2:59 PM Author: Stubborn site dysfunction (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409210) |
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Date: December 6th, 2013 9:29 AM Author: azure institution (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#24579568) |
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Date: May 27th, 2017 2:50 PM Author: titillating whorehouse potus Please sue. Best law suit ever. (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33409168) |
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Date: July 19th, 2017 2:01 PM Author: sick ceo (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33809690) |
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Date: July 19th, 2017 2:33 PM Author: bateful ultramarine tanning salon digit ratio lol no not a fucking fixture. And even if it was ... ? your an employee (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#33809893) |
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Date: August 28th, 2021 12:54 PM Author: walnut windowlicker (http://www.autoadmit.com/thread.php?thread_id=2069842&forum_id=2#43023653) |