Finding my stolen goods for sale

bsdotql

Hi,
First time poster so I hope i’ve posted this into the right forum.

This hasn’t happened yet (unfortunately) but I just wondered what rights I have in this hypothetical situation.
In 1987 my house was burgled and amongst the items taken was an omega watch, I hadn’t thought anymore about it until I was having a clear out and found the receipt and all documentation for the watch, I enter the info on watchfinder.com and discovered that my watch is now worth a considerable amount.
So it got me thinking if, after 31 years my watch appears for sale do I have any right to get it back even though I probably claimed on the insurance at the time ( the watch was no where near the price it is today) and I have all the proof of purchase and paperwork to go with?

Thank you for taking the time to read !!!128077; I look forward to your responses !!!128556;

shaun_from_Africa

bsdotql wrote: »

So it got me thinking if, after 31 years my watch appears for sale do I have any right to get it back even though I probably claimed on the insurance at the time

No, simply because the watch no longer belongs to you.
Once the insurance company paid out for the loss it becomes their property and if it was ever found, they would have the legal right to it.

bsdotql

Ah, I suspected that might be the case.. if I hadn’t had insurance would the watch still belong to me? Even after all those years?

Thanks for your speedy reply, i looked for a legal advice forum but everytime the mse forums kept cropping up... you guys are very helpful !!!128077;

bris

If it was found and you hadn't claimed on the insurance then yes you would be entitled to the watch back if it was ever found.

steampowered

Yes - you could claim your watch back if you could find it - even if the current owner does not know that the watch was originally stolen !

As the burglar did not have legal title to the watch, he could not pass legal title to anybody else. In law this is known as 'nemo dat'.

This is set out in section 21 of the Sale of Goods Act 1979, which states as follows:

Subject to this Act, where goods are sold by a person who is not their owner, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller’s authority to sell.

However if you had home insurance which paid you for the watch, it would be owned by the insurance company.

George_Michael

steampowered wrote: »

In law this is known as 'nemo dat'.

And this is known as "nemo hat"

MB69

Insurance company paid you for the stolen watch to put you in the same financial position you would have been if the watch hadn't been stolen!

If you had used the money and bought the same watch 31 years ago, then it would be worth as much

But of course if you didn't have insurance, and you could prove the item was yours, then it will be yours regardless of how many people have had the item since.

A friend had his bike stolen and within 2 hrs it appeared on Facebook. After about 7 days of anxious waiting, police finally got the bike to him!