I'm not a lawyer and I know that there are difficult edge cases
in all of this, but I don't think your colleague's experience
correctly defines the legal situation.

A purchaser in good faith does not acquire title to something if
the seller didn't own it. The 'good faith' does protect the purchaser
from any criminal consequences but no more. If the true owner
is able to demonstrate their ownership, they can reclaim the property.
The purchaser may then be able to sue the seller, and so on back
through the chain until one reaches someone who was not acting in
good faith.

That, at least, is the theory. Practice can be more difficult. As Ed
Sharpe has said, you'll need to be able to demonstrate ownership,
but not necessarily in any absolute sense. (That is, the balance of
probabilities is the test to apply.)

On 18/11/13 15:51, Davenport, Jackie wrote:
> I’ll talk to them, but I wanted to find out what other archives had experienced
> first as I doubt they’ll have come across this scenario before.  I’ve been told
> by one archivist that they had a similar situation but that because the vendor
> bought the book in good faith there was nothing they could do.
>
> Jackie Davenport,
>
> Archives Officer
>
> Argyll and Bute Council
>
> 01546 604774
>
> [log in to unmask] <mailto:[log in to unmask]>
>
> www.argyll-bute.gov.uk <http://www.argyll-bute.gov.uk>
>
> Realising our potential together
>
> *From:*Archivists, conservators and records managers.
> [mailto:[log in to unmask]] *On Behalf Of *Steven Davies
> *Sent:* 18 November 2013 15:42
> *To:* [log in to unmask]
> *Subject:* Re: "Stray" Item for Sale on Etsy - what can we do?
>
>
> What about challenging their right of ownership of what should clearly be a
> publicly owned document?  What do your legal department say?
>
> Steven Davies
> Archivist / Archifydd
> Flintshire Record Office / Archifdy Sir y Fflint
> Tel./Ffôn: (01244) 532414
>
>
> *"Davenport, Jackie" <[log in to unmask]
> <mailto:[log in to unmask]>>*
> Sent by: "Archivists, conservators and records managers."
> <[log in to unmask] <mailto:[log in to unmask]>>
>
> 18/11/2013 15:07
>
> Please respond to
> "Davenport, Jackie" <[log in to unmask]
> <mailto:[log in to unmask]>>
>
> 	
>
> To
>
> 	
>
> [log in to unmask] <mailto:[log in to unmask]>
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> cc
>
> 	
>
> Fax to
>
> 	
>
> Subject
>
> 	
>
> "Stray" Item for Sale on Etsy - what can we do?
>
> 	
>
>
>
>
> Hi all,
>
> It appears that the Helensburgh Town Hall visitors’ book is for sale on Etsy.
>   This includes Royal signatures.  I have no idea how this came to be in private
> hands.  Is there anything we can do to get it back (other than pay upwards of
> £1500?)
>
> https://www.etsy.com/listing/168027817/a-marvellous-genuine-1940s-to-1970s
>
> Regards,
>
> Jackie Davenport,
> Archives Officer
> Argyll and Bute Council
> 01546 604774
> [log in to unmask] <mailto:[log in to unmask]>
> www.argyll-bute.gov.uk <http://www.argyll-bute.gov.uk/>
> Realising our potential together
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