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The Law of Abandonment and the Passing of Property in Trash

Saw Cheng Lim

(2011) 23 SAcLJ 145

Abstract:
This article examines the law of abandonment – primarily in the context of rubbish disposal – from a comparative perspective. It will, in particular, consider whether the owner of moveable property can, in theory, divest himself of ownership rights therein by simply abandoning the chattel in question, and whether the common law recognises such a concept of (unilateral) divesting abandonment. Additionally, the article will examine how, if at all, the notion of abandonment – as it is understood and applied in relation to physical property – may also operate in the realm of intangible property.