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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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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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