Property Law

Waverly Borough Council v Fletcher [1995] 4 All ER 756

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Facts
  • A gold brooch is found under the ground by a man with a metal detector in a park.
Issue
  • Is an object found under the ground the finder’s, or the occupier’s?
Held
  • Objects under the ground belong to the Occupier
  • There is a bit of room to move here
  • It belongs to the land
  • Digging constitutes a trespass
  • Owners do not just own the surface, they own that which is underneath the surface

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