Waverley BC v Fletcher

Facts

The defendant was using a metal detector in a park owned by the claimant council. The defendant found a brooch and reported this to the authorities. The Coroner decided that it was not treasure trove. The issue was then who could claim the brooch - the claimant or the defendant.

Judgment

The Court of Appeal held that the council had the better right to the brooch. As it had been found within or attached to the land, rather than on the surface, it belonged to the person who owned the soil.