Relativity of title – problem questions – Answer Outline
Findings and Chattel
The issue of the legal status and relative entitlement to (INSERT FINDING) found by X on
Y’s land. If they are classes as treasure under section 1 of the Treasure Act 1996, then they
are vested in the Crown. X then has a duty to report the find to the coroner under section 8 of
the TA 1996. If the finding is not classes as treasure, then applying the common law of
finding will determine whether X or Y had the better title.
1) Can the true owner of the item be located?
- Their rights would be superior to all others – Moffat v Kazana
2) Is the item treasure? *
- Treasure Act 1996, enhanced by Treasure (Designation) Order 2002
- Who has the better title?
3) Was the item found ON or IN the land?
- ON the land
o Finder has the better title, unless the occupier puts up notice manifesting
the intention to control anything that is found on the land
o Parker v British Airways Board – bracelet case
o Hannah v Peel – brooch case found in a house and land owner unaware
- IN the land
o Freehold estate owner has the better title and there is no need for them to
have prior knowledge of the existence of the chattel
Part of the realty but treated as chattel non the less, in the case the
original owner ever returned, in which case they would have the
better title
Finder would have to do something to the realty to get the chattel
(dig, detach etc), which would amount to trespass if done without a
license/permission
o Waverley Borough Council v Fletcher – gold brooch case
*Treasure* - (p.96-98 of statute book)
Meaning of Treasure
- Buried treasure generally vests in the Crown rather than the estate owner – S.4 TA
- Used to be governed by the law of treasure trove but since 1996, it has been
subject to the Treasure Act of that year
- Section 1 of Treasure Act 1996
o An object, other than coins which is
At least 300 years old
At least 10% precious metal (gold or silver)
o A coin
At least 300 years old
At least 10% precious metal - one of at least two
Findings and Chattel
The issue of the legal status and relative entitlement to (INSERT FINDING) found by X on
Y’s land. If they are classes as treasure under section 1 of the Treasure Act 1996, then they
are vested in the Crown. X then has a duty to report the find to the coroner under section 8 of
the TA 1996. If the finding is not classes as treasure, then applying the common law of
finding will determine whether X or Y had the better title.
1) Can the true owner of the item be located?
- Their rights would be superior to all others – Moffat v Kazana
2) Is the item treasure? *
- Treasure Act 1996, enhanced by Treasure (Designation) Order 2002
- Who has the better title?
3) Was the item found ON or IN the land?
- ON the land
o Finder has the better title, unless the occupier puts up notice manifesting
the intention to control anything that is found on the land
o Parker v British Airways Board – bracelet case
o Hannah v Peel – brooch case found in a house and land owner unaware
- IN the land
o Freehold estate owner has the better title and there is no need for them to
have prior knowledge of the existence of the chattel
Part of the realty but treated as chattel non the less, in the case the
original owner ever returned, in which case they would have the
better title
Finder would have to do something to the realty to get the chattel
(dig, detach etc), which would amount to trespass if done without a
license/permission
o Waverley Borough Council v Fletcher – gold brooch case
*Treasure* - (p.96-98 of statute book)
Meaning of Treasure
- Buried treasure generally vests in the Crown rather than the estate owner – S.4 TA
- Used to be governed by the law of treasure trove but since 1996, it has been
subject to the Treasure Act of that year
- Section 1 of Treasure Act 1996
o An object, other than coins which is
At least 300 years old
At least 10% precious metal (gold or silver)
o A coin
At least 300 years old
At least 10% precious metal - one of at least two
