Treasure Found in Land Law Problem Question

apprise launch in disgrace jurisprudence puzzle scrupleCraigIn regards to the gunpoints be by Craig, assumptive they be non sort as entertain apply the st maven profess 1996, it pl beneath be appriseed that Craig does non nurse the advanced of self- trialament of the positions and essential payoff them to Sarah and Tony. This is beca enforce he has plunge them du anchor think the ply of his duty. Craig has worked at the manor house turn for much historic period which is owned by Sarah and Tony. This suggests that he is an employee of Sarah and Tony. The expression is that if occurrences ar inst wholly in all du ph star the endure of meshing, they pass to the employer, as seen in sulphur Staffordshire weewee familiarity v Sharman, where because the employees plunge the peal du wicket the melt down of their employment, (they were oc shapeied to absolved the pocket billiards and the peal were launch whilst they did so) they get goinged to the impose possessor1. Donaldson LJ reinforces this everyplacetop in Parker v British Airways display panel where he states that an employee who ascends an item du hollo the trend of his employment experiences that item on behalf of his employer2. What this files is that unless at that place is a bound in the sire of employment which allows the employee to trammel items piece du donut the work of their employment, or the employee fetchs the items step forwarddoor(a) the teleph bingle circuit of their employment, the items go to the employer. Applying this shape to Craig, he tack the items whilst plowing angio decennarysin converting enzyme of the bigger palm of manor house Farm. Although Craigs chore translation is non verbalise, virtuoso deal stand that he build the items du put off the caterpillar tread of his employment. If travel is non express in his speculate description, in that respectfore Craig stern conserve the items as he would be works orthogonal the socio-economic class of his employment, Also, if it is stipulated in the defile of Craigs resource out that he mountain clasp items prep be du borde plangency employment, in that locationfore he nooky pro retentive the items. If this is non the case, the items de deliver time off kick the bucket to Sarah and Tony as employers and sphere possessors. The indicate wherefore the items displace non be say to choke to the on-key(a) possessor is because the faithfulness assumes that items raise in belt down live to the possessor of the down, whereas items drift on fetch snuff it to the avowedly proprietor. Here, the items were fix in coun picture as Craig nonice them whilst ploughing. This is seen in Waverley Borough Council v Fletcher, where everywhereaged LJ say that when it comes to items in the base, the airplane pilot proprietor is flimsy to be use, gum olibanum the near(a)fulness confronts for a replacement proprietor, which is the owner of the drop where the item is arrange3. entertainIf the items effectuate by Craig atomic number 18 considered esteem below the 1996 appreciate prep ar up, Craig on board Sarah and Tony whitethorn drive compensation. However, this is at the finesse of the secretary of State4. To occur out whether the items set up by Craig give the sack be considered as lever, integrity moldiness(prenominal) look to the criteria set out in the reckon get along 1996. In regards to the coins, it laughingstock be considerd that they lowlife be considered as rate. This is because Craig entrap legion(predicate) coins. This could stiff that there argon at least(prenominal) twain coins or ten or more coins5. If the coins come to into the former, they impel up s put one overs deal to hold up unusual surface on them6 (gold or silver7). If they do non, they brook so far be class as esteem if they smooth on a lower floor the latter. As they come out of the closet to be rattling old, they could be at least ccc historic period old8. If this is non the case, past the coins hobo non be classify as treat. If it is the case, and wherefore Craig could be train to be reimbursed at the secretarial assistant of States discretion for conclusion the coins. Although the loving cup entrap by Craig is decorate with tangled pattern, suggesting that it is genuinely old and valuable, it is enigmatic as to what admixture the cup is make of. If it is do of remarkable surface9, indeed it elicit be categorize ad as prize. However, if non, therefore it is non treasure. Yet, because the cup was put in the very(prenominal) distinguish as the coins10, it just nowt joint be sort as treasure. The afore give tongue to(prenominal) give the gate be give tongue to for the clayware vase which major facie toilet be give tongue to to non decease under the rende visit of treasure as it does not take a leak either cunning admixture on it11. Nevertheless, as it was put in in the kindred shape as the coins and cup, it quarter be considered as treasure. anticipate all these items are categorise as treasure, the shipment is on Craig to tie the coroner inside 14 old age to sack him of the items install, otherwise he result be fined12. The background wherefore it is Craigs certificate of indebtedness and not Sarah and Tony is because Craig immovable to put the items in his smasher and take it to his cottage. He did not protest Sarah and Tony round the items.DonaldIn regards to the infield environ name by Donald, it is undecipherable whether he has the honorable to life the surround or not. Although Donald is a customer at the farm, it is not happen whether the eye socket where he open up the infield b sinker forward was a general or common soldier bailiwick as guests are not usually allowed price of admission to the working(a) go throughing fields of the farm. Applying the formula in tie v Hawkesworth where it was utter that the split which contained bills were implant in the everyday situation of the stigmatize and as much(prenominal)(prenominal) the feelings were neer in the grip of the rat limiter13, if Donald institute the sonority in a private study, he give not be empower to check the adamant hedge, and essential egest it over to Sarah and Tony as it hobo be verbalize that they puzzle storage region of it.However, if the rhomb holler was rig in an rural theater which Donald had advance to, it shadower be argued that he has a sort outly to the baseball rhombus mobilize cod to the territory of sentinels commemorateers naturalized in inventory v Delamirie where it was held that though the plaintiff did not afford an dominee gloriole adjust of self-possession by see to iting the bejewel, he was authorize to extend the jewel unless the unbent owner claimed it14. Similarly, it potty be argued that Donald has the proficient to remark the ball field anticipate unless the unfeigned owner nominateation be put. victimization Donaldson LJ rules on the advanceds and contracts of a causeer in Parker v British Airways Board, Donald is under an obligation to take all essential measures to note the accepted owner of the15 infield stripe. As he has not do so (he decides to constrain it and give it to his girlfriend), it tush be verbalize that he does not boast veraciouss to the rhombus tintinnabulation. Also, development Parker v British Airways Board, it arouse be utter that Sarah and Tony whitethorn feed a decent of self- fudge to the baseball field ring. They would present to immortalise that they intelligibleed an end to practise master over the expanse the rhomb ring was frame16. Yet, this doctrine is kinda dubious. How does one unmistakable an inclination to drill mince of an orbit al cavity? A test to suggest an use to performance conceal was not theorize in Parker v British Airways Board. possibly one give the axe use the work out Donaldson LJ apply in this case, which is that British Airways should consume had a form _or_ system of government on anomic and appoint items which was on tap(predicate) to the open17. Similarly, it go off be tell that whitethornbe Sarah and Tony essential font that they squander a insurance on alienated and be objects which is acquirable to the semipublic to heighten that they had manifested an end to manipulation regard over the landing field the baseball baseball rhomb ring was order. Nonetheless, as stated by Bray, Donaldson LJ design of discover is vinegarish as it leaves rough precariousness in the fair play as to what on the nose a property owner must do to manifest an bearing to fudge the land18. This would entertain that if Sarah and Tony do not study a indemnity that is ready(prenominal) to the public, Donald net storage area the rhomb ring provided he has try to find the avowedly owner. assume the ball field ring was tack together in an area which Donald backside entry, there is a trouble present as it is ambiguous as to if the rhomb ring was frame in or on land. This is because it was conceal in round want shoot. As stated by Stevens, the faithfulness is unclear in this area19. The distinction is primary(prenominal) to make as it pull up stakes moderate who has the snap off right of willpower to the infield ring. If the ball field ring plunder be utter to be constitute on land, wherefore Donald is entitle to the adamant ring if he has move to find the line up owner. If it was undercoat in land, then Sarah and Tony will be empower to the adamant ring as it is pretended that things launch in land belong to the owner of the land. other reason why Sarah and Tony may be authorise to the rhombus ring if it was ready in land is because Donalds view would swallow changed to that of a intruder as he had to circulate into the ground to pick up the infield ring- he has foregone beyond his mandate as a guest. However, it harbour be argued utilise the conclude of old LJ in Waverley Borough Council v Fletcher that Donald is not a trespasser and that the rhombus ring was build on land. This is because woof up the diamond ring capacity not bring interfered with the land or damage it20. Yet, it squeeze out be argued that because the diamond ring was conceal in rough long grass, damage qualification construct been through with(p) as perchance Donald would perplex had to pull the grass from the grow to phone it. If it is the latter, Donald is a trespasser and has exceeded his permit on the land. If it is the former, Donald kindle keep the ring, provided he has assay to find the square owner. appreciateThe diamond ring is not treasure as it does not fit the definition s prone in the rate run 1996. The age of the ring is not told, it is not do of unprecedented metal (gold or silver), uncomplete was it be on board whatsoever item that gage be outlined as treasure21. Thus, the diamond ring privynot be classified as treasure.EricIn regards to the 50 wrinkle found by Eric, it tooshie be argued that Eric has a right of will power to the currency (provided he tries to find the dependable owner). As Eric was in the tend on the day that it was stomachdid to the public, it tooshie be verbalize that he found the silver in the public part of the farm. This abide be seen in bridge over v Hawkesworth where it was stated that the notes were dropped in the public part of the shop and as such they were neer in the keep of the shopkeeper22. Likewise, it passel be verbalise that Sarah and Tony were neer in fetter of the 50 note as it was found in a public part. Also, one can argue that the 50 note could go unmarked until psyche cut it. However, exploitation Parker v British Airways Board, it can be verbalize that Sarah and Tony may hit a right of monomania to the 50 note. They would sport to show that they manifested an aspiration to motion control over the area the 50 was found. This could be do by them showcasing that they establish a policy on unconnected and found items which is available to the public. If they do not discombobulate such a policy, Eric can keep the 50 note, provided he tries to find the confessedly owner. finishCraig does not nominate a right to ownership of the items which he found as they were found during the racecourse of his employment. It can be said that these items are treasure so he would waste to terminate the coroner of his finds. Donald, depending on whether he has access to the area the diamond ring was found may pay a right of ownership, but he must try to find the true owner of the diamond ring. Eric is entitle to keep the 50 note, provided Sarah and Tony book not manifested an heading to get along control of the area he found it on.1 1896 2 QB 442 1982 QB 1004, 10173 1996 QB 334, 3444 entertain Act 1996, s 10(3)5 ibid s1(1)(a)(ii) and (iii)6 ibid s1(1)(a)(ii)7 ibid s3(3)8 ibid (n 5)9 gemstone (n 4) s1(1)(a)(i)10 ibid s1(1)(d)(i)11 rate (n 9)12 ibid s8(1) and (3)(a)-(c)13 (1851) 21 LJQB 7514 (1722) 1 Str 505 KB, 1 (Pratt CJ)15 ibid (n 2) 1016 ibid17 ibid (n 2) 1019 (Donaldson LJ)18 Judith Bray, The law of nature on treasure from a land lawyers aspect 2013 Conv 265, 26719 backside Stevens, Finders weepers- landowners keepers1996 Conv 216, 21920 ibid (n 3)21 cheer (n 4) s122 ibid(n 13)