These are the notes that I used to revise for my Land Law exam, in which I scored a good First Class mark. They are condensed and structured to make answering problem questions particularly easy, giving a brief outline to all the key cases and legislation in this area.
- Possession of chattel confers title even without true owner’s consent.
Finder v Late Possessor
- Finder of chattel has better title to it than someone in possession later in time.
o Armory v Delamirie 1722: Armory chimney sweeps boy found jewel in setting of a ring. Took to
apprentice Delamirie to obtain valuation of item. Apprentice offered to pay for it but Armory
refused. Apprentice returned socket without the jewels.
Court held bot had property rights in the jewel, even though neither true owner. Held
finder has best rights to property except the true owner. Since jewel not provided at trial,
awarded max value of it in damages.
Finder v True Owner
- True owner always has better title than the finder.
o Moffat v Kazana 1969: Box of bank notes was hidden in the attic, and then forgotten about. The
house was sold and the new owner, who arranged for repairs to be carried out, and the repairman
'found' the box.
The court held that the 'true' owner, so far as he can be found, will always have a better
title than any later finder.
Finder v owner or occupier of the land where the chattel is found (or the owner of the object in which the
chattel is found)
- Finder has better title unless owner or occupier of land unless the owner or occupier can establish a prior
possession.
- ‘Prior possession’ established through the ‘CONTROL TEST’ ie an intention to possess whatever may be in
or on the land (an animus possidendi). Owner or occupier can be considered to be in possession of a
chattel in or on the land before a chattel is found if the owner or occupier exerts sufficient control over
the land.
o Such control is not presumed if the chattel is found merely lying on the land; but if the owner or
occupier has taken sufficient steps to exert control over any objects that are lying on the land,
then control (and so a prior possession) may be established.
o Bridges v Hawkesworth 1852: Envelope money found on shop floor. Dispute between shop-keeper
and finder over who has better title. Court held that the finder had the better title. This decision
was later interpreted as being because was found in 'public part of shop' where shop-keeper did
not have sufficient control.
o Hannah v Peel 1945: C was stationed during wartime in a property requisitioned from D, who had
never visited the property. C found a broach in the room being used as a hospital and the true
owner could not be found. Court held that C had better title than D because D had never visited
the property so had never had control over the broach.
- Parker v British Airways Board 1982: Gold bracelet found by a passenger (Parker) on the floor of the British
Airways (BA) executive lounge at Heathrow Airport. Parker brings it to BA in case the original owner comes
looking for it. When no one comes looking for it, BA sells the bracelet. Parker sues BA. BA claims that it
owned the lounge and therefore had a legal right to the bracelet.
o Rights and obligations of finder:
1. The finder of a chattel acquires no rights over it unless (a) it has been abandoned or
lost and (b) he takes it into his care and control.
2. The finder of a chattel acquires very limited rights over it if he takes it with dishonest
intent or whilst trespassing.
3. Subject to the foregoing and to point 4 below, a finder of a chattel, whilst not acquiring
any absolute property or ownership in the chattel, acquires a right to keep it against all
but the true owner or those in a position to claim through the true owner or one who can
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