N.C.P.I.—Civil 806.01

NOTE WELL: In deciding the issue of abandonment,

the courts have said that the intent to relinquish the

property permanently is an essential element and thus

the question of abandonment is almost always a fact

question for the jury.1

The (state number) issue reads:

"Did the plaintiff abandon the (name personal property)?"

On this issue, the burden of proof is on the defendant. This means

that the defendant must prove, by the greater weight of the evidence,

two things:

First, that plaintiff had the intent to give up all claim to the (name

personal property) on a permanent basis, and

Second, that the plaintiff showed this intent by positive and

unequivocal conduct. Intent is a determination to act in a certain way or

to do a certain thing. Every person is presumed to intend the natural

consequences of his voluntary actions.

When an owner abandons something, he does so without being

forced. A gift is not an abandonment. A sale is not an abandonment. An

owner abandons something simply because he no longer desires to

possess it. 2

If an owner3 of personal property terminates his ownership by

abandonment, ownership passes to the first person who thereafter takes

possession. (The mere lapse of time or other delay by an owner in

asserting his claim of ownership will not amount to abandonment unless

such lapse or other delay is accompanied by acts clearly inconsistent with

his ownership.4)

Finally, as to this issue on which the defendant has the burden of

proof, if you find by the greater weight of the evidence that the plaintiff

abandoned the (name personal property), then it would be your duty to

answer this issue "Yes" in favor of the defendant.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the plaintiff.