RULES

Who Legally Owns a Lost Disc?



Who legally owns a lost disc? When does a lost disc become abandoned? What are the legal aspects of determining who the true owner of a disc is if a dispute arises?

Special thanks to Robbie Boros for submitting these questions. If you have a question or topic you’d like to see covered in a future video, submit it through our website or email us at info@discgolf.law

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CHAPTERS
0:00 Who Owns a Lost Disc?
0:50 Possession is 9/10 of the Law?
2:21 Burden of Proof
4:00 Lost, Abandoned, or Mislaid?
8:28 Legal Obligations
10:34 What Do You Think?

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Chris Clark | pdga 16694
Matthew Clark | pdga 143565
Mitchell Fitzsimons | pdga 143652

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Hey everybody it’s Chris Clark with disc golf  dot law what can legally be done about a lost   disc this is a question or actually a set of  questions from Robbie Boros for the purposes   of this analysis we’re going to have to invent  a hypothetical situation you just purchased your  

2015 Nate Sexton Tour series Firebird for $2,000  on eBay and promptly lost it while playing around   at a disc golf course most of you have never lost  a disc with that high of a sale value but I bet  

Almost all of us have a lost disc story some disc  that just means the world to us and we do almost   anything to get it back Robbie wrote us and said  I see a lot of arguments back and forth regarding  

Lost discs I see a lot of people claiming  abandonment laws or stating that possession   is 9/10 of the law but I wanted to find out what  the reality of this is there is no law that we are  

Aware of and no example in any court case that  we could find stating that possession accounts   for 90% of all the evidence in any given case  or situation the phrase does have its origins  

In the law but maybe not in the way that some  of us may have thought so the phrase means that   when someone physically possesses something there  is a stronger legal claim that it belongs to them   than anyone else in other words custody presumes  ownership but the phrase is used or at least it’s  

Meant to be used in a situation where someone  is found doing something illegal or possessing   something illegal and that thing that they have  in their possession does implicate them as the   true owner or custodian of that illegal item so  Robbie to answer your question yes there is some  

Applicability of the phrase possession is 9/10  of the law but it probably doesn’t mean what you   think it means and probably doesn’t have much  applicability in the case of a lost disc okay   Robbie’s second question does placing my name and  phone number on my golf disc prove ownership in  

The law typically one party or the other has the  burden of proof most of you have probably heard of   that concept but what is it exactly what does  burden of proof mean there are three commonly   recognized standards when it comes to burden of  proof one is called Beyond a reasonable doubt that  

Burden of proof is typically used in criminal  cases and it is the highest standard of burden   of proof it means based on the evidence no other  reasonable explanation exists the second standard   is is clear and convincing this is not as high  of a standard as Beyond a reasonable doubt it  

Is typically used in civil matters sometimes  for example job discrimination cases and then   the third one is preponderance of the evidence  that is the standard that is typically used in   most civil lawsuits you are trying to meet the  burden it’s really more than 50% that’s how we  

Think of it the defendant for example is more  than 50% responsible for the harm that is the   subject of the lawsuit what does all this mean  relative to your lost Sexton Firebird whether   you’re in court or whether you’re in a disc golf  course parking lot you must present evidence in  

Order to win your argument and if your argument  is that the Lost Sexton Firebird that someone has   found is actually yours and that you are the true  owner then yes I think having the disc bear your   name and phone number would be pretty persuasive  in your favor okay Robbie’s third question said  

If I lose a disc and it lies in an area that  prevents retrieval under normal circumstances   such as a body of water is it considered lost  what are the legal aspects of this situation and   at what point would it be considered abandoned  as opposed to lost so let me just quickly talk  

About the difference between lost abandoned  and mislaid items some common law definitions   Define lost proper property as property that was  unintentionally left behind by its true owner if   your 2015 sex and Firebird fell out of your bag  on the course or if you accidentally left it in  

The basket when you aced with it that’s a lost  item other definitions say property is generally   deemed to have been lost if it is found in a place  where the true owner likely did not intend to set  

It down and where it’s not likely to be found by  its true owner at common law the finder of a lost   item could claim the right to possess the item  against any person except the true owner and any  

Previous possessors of the item even for lost  items the true owner still has Superior rights   in most cases however things that are lost may  also acquire a new owner through possession Most   states have statutory procedures in place for  establishing ownership rights in Lost Property  

These statutes generally require that the Lost  Property be advertised for a period of time in   an effort to notify the original owner if the  original owner fails to claim the Lost item   ownership rights can then vest in the individual  who found the item so your state likely has a  

Process where if the person that found your 2015  Sexton Firebird follows a procedure like running   an ad in a local paper for a period of time and  you never contacted the person and asked to come  

Pick up your disc you’re likely out of luck and  it now belongs to the person who found it contrast   that with a slightly different term mislaid items  the difference it’s kind of a gray area it’s very   subtle it commonly arises when someone leaves  clothing or accessories behind at a store or a  

Restaurant in these situations the owner of  the location where the item was left becomes   the guardian of the property until retrieved on  a disc golf course especially private disc golf   courses this rule could be applied in certain  situations which is why many private courses  

Have policies and procedures in place relative  to Lost discs found on their property after a   reasonable amount of time without the owner coming  to claim the item the guardian of the property may   follow whatever the statutory procedure is in  their state to establish ownership rights and  

Again this varies from state to state the third  category of property is abandonment if mislaid   or lost items are abandoned the finder May retain  the item and claim its ownership the key attribute   here in abandonment is that the original owner  must demonstrate an unequivocal intent to abandon  

The property that intent can be inferred from  conduct such as stopping looking for the item   permanent leaving the geographical area where you  lost the item those are just two examples now just   because you stop looking for an item temporarily  doesn’t automatically mean Abandonment for example  

If you live in North Carolina and you go to  the Ledgestone tournament in Illinois and you   lose your 2015 Sexton Firebird by driving back  to North Carolina after the tournament is over   you’re likely taking pretty persuasive action  demonstrating that the disc is abandoned and  

You’re likely not getting it back on the other  hand if you lose your disc in the woods at a   local course and it’s getting dark you plan to  come back in the morning to look again when it’s  

Light I don’t think that suggests abandonment so  Robbie yes if you lose the disc in a body of water   where you can’t get to it if you stop looking  for it and leave the geographical area there is   a possibility it would be considered abandoned  and no longer yours and finally Robbie’s fourth  

Question was while some will see a lost disc as  Trivial what obligations does the owner of the   disc face in terms of reporting that the disc is  lost and to whom would they report it if required   and what obligations does somebody finding the  disc have do they have a legal obligation to  

Make attempts to return the disc well I’ll start  with the second question if a disc is found if   you are playing on a course particularly a private  course that has rules in place for how lost discs  

Are handled you’re under an obligation by playing  that course to follow those rules so that would be   the first thing that I would say would impose an  obligation on someone that finds a lost disc many   states often have laws stating that if you find  something that has a value over a certain amount  

Again that amount is set by state law varies from  state to state you must turn it over to the police   other states have said you’re guilty of theft if  you find loss property and you have reasonable  

Means to find the owner and make no attempt to  do so generally speaking if no one claims the   item in a certain amount of time you can go back  to the police and claim it for yourself keep in   mind that these rules and regulations we’ve  been talking about here most recently would  

Likely only apply in cases of items that have  a value higher than a typical golf disc that’s   partly why we used our hypothetical with the 2015  Sexton Firebird what about the obligations if you  

Lose a disc well if you want to continue to search  for your lost disc with hopes of getting it back   make sure you avoid doing anything that would  appear to be abandonment having your name and  

Number on the disc helps maybe posting about it  in a local online group or putting a sign up at   the local course where you lost the disc would be  a good idea because if you give up looking for it  

And and someone eventually finds it it could be  inferred that you abandon the disc and the finder   might get to keep it so as always we’d love to  hear from you what disc do you have in your bag  

That you would go to any lengths to try to get  back and have you ever lost one of those types of   discs and if so what did you do or maybe you found  one of those discs we’d love to hear what all of  

You do around this issue please like comment  subscribe and as always thanks for watching

20 Comments

  1. I have no disc that I would go to any length to get back. That in mind, I throw a disc in water, unless it’s 5 or more feet deep, I’m going in. But if it’s over my neck then it’s gone. I have a Paul McBeth signed Buzzz that I throw, I’ve tossed it in the water, I got it back. I could see it, I wasn’t leaving it there. If it was to deep to get, she gone.

  2. Loosers weepers, finders keepers. I have maybe 20 that weren't picked up in baskets or approach discs that weren't picked up. Depending if it's not a disc I want, max weight and a phone number I try to call them.

  3. This shows how the original spirit of the sport is vanishing due to selfishness, greed, and the overvaluation of a piece of plastic. It was intended to be a gentleman's game.
    "The most fun wins" – Ed Headrick

  4. Like My Firebird Stamp Says
    Maritime Law
    Spoils Go To The Salvager
    You Abandon Your Property
    I Salvage It
    I Now Own It ….end of subject

  5. Our two local courses both have a heavy duty metal box with a slot in the top, and most people here are cool enough to drop a found disc in the box. The box is periodically opened, and the discs go to the local disc retailer. People can then stop by and pick up their disc. Who knows, they might even buy a new disc at the shop. This sounds much better than people trying to resell another person’s lost disc. I’m glad most disc throwers in this area hold a level of respect for other players, so we never really considered the ‘legal’ aspect.

  6. Sounds complicated but it all seems to be covered by "don't take something that is not freely given to you".

  7. Both my youngest son and I recognize and understand that if we lose a disc, no matter how expensive or sentimental, once we quit looking it's gone. It's not ideal especially for a teenager but it's reality sometimes.

  8. I basically just turn in a lost disc to an area that has a return disc basket or Dropbox. Let that particular private golf course take care of it. I've tried personally handling returning discs and it's always been awkward.

  9. 8:13 So if I fished a valuable disc that a pro threw into a lake at a DGPT event, would it be considered abandoned after they left the area for the next tournament? And who would then be able to keep it legally?

  10. I always thought the possession saying means if two are arguing over an object or something, the law will give preference to the one that's actually holding it.

  11. This is very informative, but unfortunately I have never gotten a disc back. Even with number or going in local forums to report my missing discs. So I have after my experiences stopped giving back discs aswell. You win some, you loose some I guess.

  12. I usually get back maybe 50% of my lost disc and those that I do, I always pay at least $5 or more depending on the disc for their trouble.

  13. Its Just being nice plain and simple. Like returning a shopping cart.
    What's better than getting a call about a lost disc.

  14. I think every disc golfer has lost a sentimental disc and never got it returned, for this reason I call every time, including when I buy from the used bin.

    But if you don't have your contact on there, it's unfair to put the obligation on the finder to "track down" the original owner, as I have had many players tell me you are required to do by disc golfer code. If I waded into freezing waters for my disc and found an unmarked one as a bonus, tough luck I've already earned it!

  15. Who has a 2k disc in his bag on the course? Now I do have a CE Firebird (x) in my bag which could be worth some money but I never abandoned it. Was in the water once but I saw it and went in. Plus when we started we knew all the discgolfers so discs were always returned. There is a reason they call it a family….

  16. Been playing 20 years now, will never care about returning discs unless person is still on the course. It is unreasonable to care that much. Have spent an hour looking for a disc dozens of dozens of times. Losing discs is part of playing disc golf. No one would return your basketball or golf club or tennis racket. It’s such an eye roll. Tbh if i find something as valuable as the sexton i would contact the number. That is an exceptional situation.

  17. When a disc leaves your hand, is it lost? How many seconds, minutes,hours,days does it span before it’s lost? If you do not carry a receipt and someone finds it in on a path, how can you declare it’s yours?

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