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Land law

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British Airways Board [1982] Q. B. 1004, 1019E which stated that the principle applies when there is a dispute as to whether the object in dispute is found in or not attached to the land in question. Further, the owner of land usually has better title to an article found in or attached to the land than the finder, unless he or she has the permission to remove it or is a stranger. In Waverley Borough Council v Fletcher [1995] 4 All ER 756, the court held that the possession of land carries with it the possession of everything that is attached to it or under it and in the absence of any other better title, the right to own it too.

It therefore makes no difference, it is not an important factor that the person who owns the land did not know that the article or object existed on the piece of land, or whether it is attached or unattached. Similarly in Bridges v Hawkesworth (1851) 21 LJ QB 75, the court stated the true legal position with regard to things attached to land and the exercise of control over the land as the factors to be considered in conferring titles to finders.   Treasure Trove at Common Law Under the Common Law, the Crown exercises its prerogative right to any treasure that has been found, and includes the rules relating to finders and keepers (Macmillan, 1996, p.

1346). The three requirements for treasure trove at Common Law include the fact that it must be a gold or silver coin, plate or bullion and must have been deposited in the antique times and the depositor must have intended to return or retrieve it in a principle known as animus revertendi.

It also includes the fact that the depositor must be unknown or that no other person can prove title to the property or presenting evidence of ownership as claimed by a person. The finders of the property usually report to the Coroner who holds an inquest and only applies on things of antiquarian value or interest that have been found in England and Wales found before September 24, 1997. Treasure Trove under Statute The Treasure Act 1996 redefines treasures in order to protect antiquities, determine the treasures in a simple manner and creates offences for failing to declare a treasure (Bray, Turner and Martin 2010, p. 21). The Act describes treasure as any object that is more than three hundred years old or a coin that is at least three hundred years old and has a content of about 10 % silver or gold or that 10 % of its metallic weight is silver or gold.

It would also include treasure under the Common Law, archeologically associated materials and all the treasures will vest in the Crown unless a third party is granted the right to the treasure and transferred to a museum.

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preview essay on Land law
  • Pages: 9 (2250 words)
  • Document Type: Essay
  • Subject: Law
  • Level: Undergraduate
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