General Question

johnnyknoxville08's avatar

Finder's Keeper?

Asked by johnnyknoxville08 (237points) February 16th, 2009

So here’s the deal. This sweet green Fuji bike has been chained outside my sister’s apartment for like 2 years. Hasn’t moved—it’s deteriorating pretty bad, but it is such a cool bike. It has been chained to a street sign for at least two years.

How do I claim it? I’m guessing its owner moved or something and didnt feel like dealing with selling it/whatever—there are a million possible explanations, but the bottom line is that the bike is just sitting. This is NYC, so it’s kindof impressive it hasn’t been stolen! haha

Is there any way I can stake claim to it? Honestly, I came here first because I’m lazy—should I be looking up NY laws? Just looking for a quick answer—if need be, I’ll do the research. THanks!

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27 Answers

Mr_M's avatar

Have you asked around as to who might own the bike? If it’s there two years, people would know. Also, I’d call the Police Department and ask them about the law. Be honest about your intentions. Don’t give them the real location.

Also, have you tried asking the Super in your sister’s apartment?

chyna's avatar

@Mr_M hehe, be honest, but don’t give them the real location. That is halarious.

elijah's avatar

Dude. 2 years.
Take the damn bike.

Mr_M's avatar

@chyna, good catch. But what I meant was, be honest that you want to take it. Do NOT tell them where it actually is or you might see it disappear soon after.

aprilsimnel's avatar

After two years, I’m sure it’s been abandoned, but you wouldn’t want to break the law. Just call the police precinct for your neighborhood and ask what the law is.

Sellz's avatar

My source says: the bike has been there for two years. If it’s a worthy bike, cut the chain, repaint it, add new parts to it, and it’s yours. That’s how we do it in the ghetto.

I say: call the police and put in a missing bike report.. Psych! Take the f’n bike. Iss been there for two years. Unless it’s a cursed bike. Maybe it’s a vessel like on Reaper.

Sellz's avatar

-Sellz (& source)

johnnyknoxville08's avatar

it hasnt been stolen over the 2 years for a reason…
somebody would definitely see me

Sellz's avatar

I know. Understood. Well maybe you should call the feds…

-Sellz

Harp's avatar

The laws regarding the status of abandoned property typically derive from centuries-old Common Law. Here is one formulation of the commonly accepted law:

“Property is generally deemed to have been abandoned if it is found in a place where the true owner likely intended to leave it, but is in such a condition that it is apparent that the true owner has no intention of returning to claim the item. Abandoned property generally becomes the property of whoever should find it and take possession of it first, although some states have enacted statutes under which certain kinds of abandoned property – usually cars and wrecked ships and aircraft – become the property of the state.” (source)

johnnyknoxville08's avatar

property of the state? damn. i’ll look into NY law and see what I can find. thanks to all—

johnnyknoxville08's avatar

the bottom line is, there is no way to cut the chain w/out cops seeing. so either i have to come up with a solid story or proof, because a run-in is inevitable….

Emdean1's avatar

The bike was probably stolen originally and placed in that spot. The original owner probably made a police report?
So I would tell the police.

Grisson's avatar

It’s a trap!!!! Don’t do it!!!

wundayatta's avatar

Oh come on. There are bikes chained and abandoned all over the place. And what about all those lock locked to a bike stand, with no bike there? What’s that all about? There’s perfectly fine bike parked at the corner of my street, that’s been there for years. If I had a pair of bolt cutters, I’d liberate that bike in a minute!

Emdean1's avatar

I had my bike stolen when I was 10. I chained it up outside of the window so I could see it when I was doing the dishes. I turned to put something away and BAM! It was gone :)It was later found disassembled on the lakefront :(
Just saying!

onesecondregrets's avatar

Srsly I’m surprised you haven’t already taken it. Who cares about legal splat, unless said owner is sitting patiently, staking out any persons who eyes up the bike and is waiting to pounce on the first one who tries to take it.

Or maybe it’s like a Jumangi bike, like if you take it all of these crazy, weird, possibly not so good things will occur as a powerful effect of the bike.

Or maybe I’m just abusing my creative license on that last bit, lolz.

johnnyknoxville08's avatar

ok so lets say…im cutting this lock by the bike and a cop approaches me—how do i explain to him/her that the bike has been sitting there etc. etc. and that i’m not stealing it? the bike is in a pretty open area—middle of manhattan on a semi-busy street.

Emdean1's avatar

Just tell them you lost your key ;)

onesecondregrets's avatar

Do it at night instead of broad daylight? Say the bike is yours, but you lost the key or whatever so you have no choice but to cut the lock?

mcbealer's avatar

1. record the serial # on the bike
2. ask NYPD to run it, check it against stolen bike reports
3. file a found property report, explain how long it’s been there
4. NYPD will take it into property and hold it for ? time

5. Find out how long that period of time is, most police dpts have auctions every so often with this type of unclaimed property.
6. Buy the bike from them when it is auctioned.

elijah's avatar

@johnnyknoxville08 I think you are being a bit paranoid. The chances of a cop showing up in the 2 minutes it takes to unchain the bike are slim. If one does show up, just tell the truth. It’s not like he will arrest you, obviously if the bike has been there two years one of the neighbors could validate your story.

YARNLADY's avatar

So, what happened? I came in kind of late.

mcbealer's avatar

@YARNLADY ~ come to think of it, I’m curious as well :)

Harp's avatar

The asker hasn’t checked into Fluther for over 2 months now, according to his profile. Maybe he’s in the slammer . Or maybe he’s too busy riding his bike.

mcbealer's avatar

I hope he’s enjoying spring in NYC.

elijah's avatar

He is in the big house, plotting his revenge on all of us that told him to take the bike. Watch out for him. You can recognize him by the prison tattoo of a bike across his chest.

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