Can Real Property and Living Beings Be the Subject of a Bailment?

Is it true that only personal property, not real property or persons, can be the subject of a bailment?

False. Not only personal property, but also real property and even living beings can be the subject of a bailment. A bailment is a legal relationship in which one person (the bailor) delivers property to another person (the bailee) for a specific purpose, with the understanding that the property will be returned or disposed of according to the bailor's instructions.

Real Property in Bailment

Real property, such as land and buildings, can also be the subject of a bailment. For example, when someone delivers a key to a building to a security guard for safekeeping, it creates a bailment relationship. The security guard is the bailee who has the duty to safeguard the key and return it as instructed by the bailor.

Living Beings in Bailment

Living beings, such as animals, can also be the subject of a bailment. When a veterinarian takes custody of an animal for medical treatment, it constitutes a bailment. The veterinarian becomes the bailee with the responsibility to care for the animal and return it to the bailor once the treatment is completed. In all cases of bailment, the bailor retains legal ownership of the property or living being, while the bailee must exercise reasonable care to protect it and follow the bailor's instructions regarding its use or disposal.
← Attorney s guide asking questions to elicit investigator s opinion When can an officer take a juvenile into immediate physical custody →