Disputes - Finder vs Owner/Dispossessor
Elwes v Brigg Gas Co (1886) 33 Ch D 562
Gas company found a historic boat and tried to argue that the boat was theirs. Ruled that the owner of the land had a better right because the company was only contractually allowed to dig for minerals
What does the Treasure Act 1996 mean?
If you find treasure on your land, you need to hand it over to the government
Hibbet v McKiernan [1948] 2 KB 142
Normally the finder has a better right unless he was a trespasser. Defendant collected golf balls from a golf course, who tried to stop him by notifying the police. Defendant argued that the balls had been abandoned so he had the better right. Held that he the golf course had the better right as he was a trespasser
Moffatt v Kazana [1969] 2 QB 152
Buyer of a bungalow found a box of £1 notes, original owner tried to claim they belonged to him. Ruled that the original owner had a better right. Wrangham J argued that forgotten property does not constitute abandoned property
Armory v Delamirie (1722) 1 Strange 505
Chimneysweeper found jewelry and took it to value it and jeweler tried to keep it. Found that the chimneysweeper, the finder had a better right than the jeweler, the dispossesor
Parker v British Airways Board [1982] QB 1004
Parker found a gold watch in the airport and told BA to either find the owner or to give it back to him. BA couldn't find the owner and tried to sell the watch. Ruled that the finder, Parker, had a stronger right to the property once it had been lost or abandoned. Only the owner has a better claim and finder must take all steps to find owner. BA would have a claim if they had asserted prior right. Judgment from Donaldson LJ
Waverly BC v Fletcher [1996] QB 334
Plaintiff found a brooch in a park with a metal detector and handed it over in accordance with the Treasure Act. Ruled that it wasn't trasure but council demanded for it to be handed over as metal detectors weren't allowed in the park. Ruled that the council had a better claim as the plaintiff had broken the rules
McDowell v Ulster Bank (1899) 33 ILT 225
Porter found money in a bank and couldn't find the owner, so tried to keep it. Ruled that the money belonged to the bank as he was an employee of the bank, so anything he found was on behalf of the bank
