Lost and found objects and treasure- Finder's Title

Created by: Steph130
Created on: 19-03-22 20:01

Relativity of title

someone else may not be the true owner, but be able to claim that their title is better (based on ‘first in time’, or on possession).

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Finder or later possessor?
Armory v Delamirie (1722)

shows relativity of title, and the importance of
possession. A finder of a chattel has a better title than somebody whose possession of it is later in time.

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Finder or true owner?
Moffatt v Kazana [1969] 2 QB 152

shows the importance of intention to transfer property

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finder or owner vs occupier of the land where the chattel is found?

A finder has a better title than the owner or occupier of land on which the chattel is found unless the owner or occupier can establish a prior possession. Possession is established through a ‘control’ test.

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If on the surface of the ground

the item belongs to the finder unless the freehold estate owner has manifested an intention to exercise control over the land and items that may be found upon it

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If on the surface of the ground supporting case

Parker v British Airways Board [1982] QB 1004

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Bridges v Hawkesworth (1852) 21 LJ (QB) 75

control is not presumed if the chattel is found merely lying on the land

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If embedded in/attached to the ground

the item belongs to the freehold estate owner: Waverley BC v Fletcher [1996] QB 334

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what happens if the finder is an employee or agent?

If a finder finds the chattel in the course of his employment or agency, then he is presumed to find the chattel on behalf of his employer or principal.

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what happens if the finder is trespassing or is dishonest finder?

If the finder had no permission or authority to be on the land or to dig the land, the finder is trespassing, and the common law is unwilling to treat a trespassing finder as having a prior
possession. Waverley BC v Fletcher

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Other cards in this set

Card 2

Front

Finder or later possessor?
Armory v Delamirie (1722)

Back

shows relativity of title, and the importance of
possession. A finder of a chattel has a better title than somebody whose possession of it is later in time.

Card 3

Front

Finder or true owner?
Moffatt v Kazana [1969] 2 QB 152

Back

Card 4

Front

finder or owner vs occupier of the land where the chattel is found?

Back

Card 5

Front

If on the surface of the ground

Back

View more cards

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Lost and found objects and treasure- Finder's Title