City of London Corporation v Appleyard
1963 · 1 WLR 982
Posted By lanbuk.com
- Facts
- Workmen demolishing a building found a wall safe containing banknotes. The safe was embedded in a wall of the cellar. The finders, the occupiers and the freeholders all claimed the banknotes.
- Issue
- Who is entitled to notes found in a container that is part of the land?
- Held
- The freeholders. The safe was part of the , and the banknotes were in it. The finders' claim lost to the owners of the land.
- Principle
- A found in, or attached to, the land itself belongs to the owner of the land, not to the finder. A chattel lying on the land is different.
- Why it matters
- Read it with Parker. The line is between an object in the land and an object on the floor.
Words and Latin in this note
- Chattel
- A moveable thing. If it is not annexed to the land so as to become a fixture, it does not pass with the land. Open the note.
- Realty
- Land, and what is fixed to it. The name comes from the old real action, which gave the land itself back, not merely damages. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.