The law of finding is characterised by many things but simplicity is Essay

The law of finding is characterised by many things still simplicity is not one of them - Essay Exampleproviding some basic principles and guidelines for the finale of title to the finding of lost chattels.3 Even so, any clarification offered by Parker v British Airways jury has been blurred in light of the cases that followed it.4 Hoath goes on to suggest that the catalyst for the lack of clarity in and about the law of finding disputes is largely attributable to the lack of attention and recognition to this area of law. 5 At the end of the day the age-old maxim finders-keepers is not all that straightforward.An obvious conflict arises between he maxim finder-keepers and the concept that an owner or occupier of land retains all rights to billet which is either in or attached to the land where the object is discovered. In an early case the maxim finder-keepers was found to be subject to any claims by the rightful owner.6 In this case, Armory v. Delamirie (1722) 1 Str. 505 the lan d owner do no claim to an item of jewelry found by a chimney sweeps boy and the turn up dispute arose between the boy and a jeweler.7The modern rules of finders-keepers is largely developed around the courts findings in the case of Elwes v Brigg Gas Co. (1886) 33 Ch.D. 562. Chitty J made it abundantly clear that in finding disputes the critical question of keeping entitlement was dependant upon ownership and/or lawful possession of the property where the lost object was discovered. In this case a prehistoric boat which had been buried 6 feet heavyset in the earth on demised premises was discovered by lessee. Chitty J maintained that the owner of the demised property was entitled to possession of the object uncovered. Chitty J heldhe was in possession of the ground, not merely of the surface, but of everything that lay beneath the surface down to the centre of the earth, and consequently in possession of the boat. . . . The plaintiff then, be thus in possession of the chattel, i t follows that the property in the chattel was vested in him.