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14 February 2025 / Michael L Nash
Issue: 8104 / Categories: Features , Property , International
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Are finders still keepers?

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Who owns lost treasures once they have been found? Michael L Nash unearths some peculiarities in the law of possession & ownership

On 6 February 1987, I wrote an article for NLJ under the heading of ‘Are Finders Keepers?’, 137 NLJ 118, based on the case of Elwes v Brigg Gas Co (33 Ch D 562) in 1885. Since then, a great deal has happened in the world of possession and ownership, on which this celebrated case was based. Could the owner of land own objects under the surface—sometimes a very long way under—of which they had no knowledge whatsoever? Or, in giving a lease to another to excavate, did what the lessee found belong to them, given that they had no knowledge either of what they did find, in course of their excavation?

Who owns what?

The property law of England became largely, though not entirely, the result of evolution, rather than revolution. The English, or the British perhaps, have always been loath to abandon anything quaint or whimsical,

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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