If somebody agreed to give me their lawnmower but went into my garage and took it without consent, is the lawnmower legally mine?

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If somebody agreed to give me their lawnmower but went into my garage and took it without consent, is the lawnmower legally mine?

I’ve had the lawnmower for 1 year after this person had given me their consent to keep it. Today this

individual stole the lawnmower out of my garage claiming it was never mine. I’m wondering if the lawnmower is legally mine. Can I take any legal action to keep it? Can this person decide that it is not mine? Note, I did not pay for it.

Asked on April 23, 2017 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If it was given--not loaned--to you, then it is yours: a gift, once given, may not be ungiven; the giver gives up all rights to the gift once he gives it.
You could sue him for the value of the lawnmower he  stole (e.g. in small claims court). You could also look to file charges against him for theft and trespassing, which may help get the lawnmower back.


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