Waverley BC v Fletcher

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Waverley Borough Council v Fletcher [1995] 4 All ER 756 is an English Court of Appeal case.



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. [1]

Borough of Waverley Non-metropolitan district in England

The Borough of Waverley is a local government district with borough status in Surrey, England. The borough's headquarters are in the town of Godalming; other notable settlements are the towns of Farnham and Haslemere and the large village of Cranleigh. At the 2011 Census, the population of the borough was 121,572.

Treasure trove amount of money or coin, gold, silver, plate, or bullion found hidden

Treasure trove is an amount of money or coin, gold, silver, plate, or bullion found hidden underground or in places such as cellars or attics, where the treasure seems old enough for it to be presumed that the true owner is dead and the heirs undiscoverable. The legal definition of what constitutes treasure trove and its treatment under law vary considerably from country to country, and from era to era.


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. [1]

See also


  1. 1 2 http://www.oup.com/uk/orc/bin/9780199216413/clarke&greer_ch01.pdf

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