The legal framework governing possession and ownership of lost property
Possession and ownership: basic legal concepts
German law distinguishes strictly between possession and ownership:
- Possession (§ 854 BGB) means actual control over an item.
- Ownership (§ 903 BGB) means the comprehensive legal right of control over an item.
An item remains the owner’s property even if the owner loses it or temporarily does not have it with them.
Loss of possession does not automatically mean loss of ownership.
When is an item legally lost property?
Lost property within the meaning of §§ 965 et seq. BGB is a lost movable item that:
- is no longer in anyone’s possession, and
- is not ownerless, meaning that it still has an owner. A person in possession other than the owner may also lose an item.
It does not matter whether the item has identifying features such as a name, identity document or serial number.
These features merely help identify the owner; they do not change its status as lost property.
Unattended does not automatically mean lost
An item is not lost merely because it is temporarily unattended. A temporary inability to exercise actual control does not end possession (§ 856(2) BGB).
Whether a bag beside a park bench or a phone on a café table has been lost or remains in someone’s possession depends on the circumstances. The location alone does not determine its legal status.
Such items must not simply be treated as freely available. Taking them without authority may have criminal consequences.
The finder’s duties
Anyone who finds a lost item and takes possession of it must promptly notify the person who lost it, its owner or another person entitled to receive it (§ 965(1) BGB).
If the persons entitled to receive it or their whereabouts are unknown, the find must be reported promptly to the competent authority. For an item worth no more than €10, this duty to notify the authority does not apply (§ 965(2) BGB). Special statutory provisions remain unaffected.
- The finder must not simply keep, sell or pass on the item without authority.
The role of suchen.expert
suchen.expert is not a public authority or an official lost property authority within the meaning of § 965(2) BGB.
The platform serves solely for the voluntary, supplementary publication of listings to put finders and owners in contact.
Using suchen.expert does not replace the statutory duties of the finder or owner.
Possession and ownership are not legally examined by the platform.
Important notice
This information provides general legal guidance and does not constitute legal advice.
If you are unsure about the legal status of a find or your own duties, consult a qualified lawyer.
