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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, which is so much part and parcel of a

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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