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Finding - Coggle Diagram
Finding
Treasure Trove Doctrine
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Webb v Ireland permission to enter land, used metal detector and began to dig (trespass now), found hoard of treasure, reach out to museum who says will be treated honourably, offered 10k were expecting more
SC - concept of treasure trove still exists- soverienty declared in 1937 constitution - state entitlement to items of national importance
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where was it found
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under
Elwes v Briggs tenant found prehistoric boat under surface - belonged to land owner (freehold owner) 6 feet
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some exceptions under article 10 of constitution such as natrual resources (water, mines)
Waverly Borough Council v Fletcher medieval gold brooch found in public park, 9 inches deep, deep enough therefore freeholders entitled to claim ownership
on
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Parker v British Airways found gold bracelet on floor of airport lounge, handed into British airways, asked for it back if true owner not forthcoming, BA kept it and sold it- he was entitled to it - BA normally tried and disclaim liability - would have need to show obvious intention to control lounge and everything in it
Armory v Delamarie chimney sweeper found valuable ring in chimney and took it to jeweller - he was entitled to it
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is client a trespasser
Webb innocent trespass (had permission to be there but trespassed when began to dig), entitled to some compensation
nature of the land
intention to control
NCA v Flack police entered house, found bag of money in sons room, lady didn't know was their but had a clear intention to control everything in house
Hanna v Peale soldier staying in house during WW2, owner no knowledge of brooch which soldier found - no control of premises - soldier superior claim
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