Waverly Borough Council v Fletcher [1995] 4 All ER 756  Court of Appeal

Ian Fletcher, a metal detector enthusiast, went to Farnham Park owned by Waverly Borough Council to use his metal detector to see if he could find any items of interest. The park was open to the public for leisure and recreational use and Mr Fletcher was a lawful visitor to the park. He found a medieval gold brooch which was nine inches below the surface. He reported his findings and a coroners inquiry was set up to determine if the item was treasure trove. The item was found not to be treasure trove and returned to Mr Fletcher. The Council then brought an action against Mr Fletcher claiming ownership of the brooch.

Held:

The brooch belonged to the Council as owners of the land in which it was found.

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