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HomeCivil CodeDiv. 3Pt. 4Ch. 1Art. 2§ 1826 Depositary Notice And Liability

§ 1826 Depositary Notice And Liability

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1826 Depositary Notice And Liability

If you’re holding something that belongs to someone else and they don’t claim it after you give notice, you can avoid liability if they prove ownership and compensate you, as long as you return the item or take on a new obligation in good faith.

Key Takeaways

  • •You must give the owner notice to claim the item.
  • •If they don’t claim it after a reasonable time and prove ownership while compensating you, you’re not liable.
  • •You must return the item or take on a new obligation in good faith without harming yourself.

Example

You keep a friend's lawnmower in your shed after they forget to take it. You tell them to pick it up. They don’t come for a few weeks. After a reasonable time they show they own it and pay you for any trouble, then you give the lawnmower back and you’re not responsible for any claims they might have.

Because you gave notice, waited a reasonable time, they proved ownership and compensated you, the law says you are exonerated from liability to the person who got the notice.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1826 Depositary Notice And Liability

A depositary, who believes that a thing deposited with him is wrongfully detained from its true owner, may give him notice of the deposit; and if within a reasonable time afterwards he does not claim it, and sufficiently establish his right thereto, and indemnify the depositary against the claim of the depositor, the depositary is exonerated from liability to the person to whom he gave the notice, upon returning the thing to the depositor, or assuming, in good faith, a new obligation changing his position in respect to the thing, to his prejudice. (Enacted 1872.)

Last verified: January 9, 2026

Key Terms

depositarywrongfully detainedtrue ownerindemnifyexonerated from liabilitygood faith

Related Statutes

  • § 1822 Depositary Delivery Obligations
  • § 1823 Depositary Delivery Requirements
  • § 1824 Depositary Delivery Requirements
  • § 1825 Depositary Notice Requirement
  • § 1827 Joint Deposit Delivery Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 1826.
View Official Source