Waverley Borough Council V. Fletcher(1995)

Court: English Court of Appeal

Facts: Ian Fletcher, a metal detector enthusiast, visited Farnham Park, which was owned by Waverley Borough Council and open to the public for recreational use. While lawfully in the park, Fletcher used his metal detector and found a medieval gold brooch buried approximately nine inches below the surface. He reported the find, and a forensic investigation was launched to determine if the item was considered treasure. It was determined not to be a treasure trove, and the brooch was returned to Fletcher. Waverley Borough Council then filed a lawsuit against Fletcher, claiming ownership of the brooch, asserting that since it was found underground, it belonged to the council as the landowner.

Issue: Who has the superior right to an object found underground: the finder or the occupier of the land?

Held: The English Court of Appeal ruled in favor of Waverley Borough Council, concluding that the council had a superior claim to the brooch. As the brooch was found buried below the ground, it belonged to the landowner. Key points of the judgment included: 1) Objects found underground belong to the owner of the land. 2) The fact that the park was open for public recreation did not diminish the council’s rights over what lay beneath the surface. 3) Fletcher’s digging could be considered trespassing, as landowners own both the surface and what lies beneath it.

Key Judicial Statements: "Owners not only own the surface; they own what is beneath the surface." The court emphasized that the brooch, being buried, was part of the land, and therefore ownership defaulted to the landowner rather than the finder.

💡 Leveluplaw: When an item is found below the surface, the law often favors the landowner over the finder, as items beneath the ground are typically considered part of the land.