Personal Property Boundary - Law of Finders

Question 1

What is the law of finders

Answer 1

finders keepers

if you find a chattel and it isn’t part of the land, it is yours

Question 2

2 key cases in this area

Answer 2

Hannah v Peel [1945]
Parker v British Airways Board [1982]

Question 3

which case establishes the test to be used

what is the test

Answer 3

Parker

1. Physical control of space; and
2. manifested intention to control

Question 4

why can’t the test from Elitestone be used in these cases

Answer 4

items found on the land like rings

these objects may have financial / emotional value

need different rules to Elitestone

Question 5

Key case for when the item is IN the land

Answer 5

Waverley BC v Fletcher [1996]

Question 6

2 justifications for the outcome of Waverley

Answer 6

1. application of Parker test in context
2. weaker position of trespassers / wrongdoers / dishonest finders