South Staffordshire Water Co. v. Sharman

Nature of the Case

This case involved an action to recover personal property.

Facts

Sharman (D) was hired by South Staffordshire Water Company (P) to clean out a pool located on its land. While he was doing the work, Sharman found two gold rings in the mud at the bottom of the pool. The company demanded the rings but Sharman instead turned them over to the police so they might find the true owner. The police were unable to find the true owner and returned the rings to Sharman. Sharman refused another demand for the rings and the plaintiff sued for their recovery. The plaintiff appealed the trial court’s judgment in favor of Sharman.

Issue

Does a person who found an item on land owned by another have title to the item superior to the landowner?

Holding and Rule of Law

No. Where a person has possession of real estate, with a manifest intention to exercise control over it and the things which may be on it or in it, then if something is found on that land, the presumption is that the owner of the land on which it was found has possession.

The general rule is that the possession of land entails the possession of all things attached to and underneath the land, as well as the landowner’s power to exclude others from the land. In this case the owner of the pool in which the rings were found had legal possession of them and has superior claim to title.

Disposition

Reversed.

Concurring (Wills)

As a matter of public policy, an opposite holding would encourage dishonesty.

Notes

The court in this case distinguishes Bridges v. Hawkesworth on its facts, noting that the item at issue there was found on a part of the defendant’s land which was open to the public.