A real life situation was created whereby a man lost an old and well cherished diamond chain and pendant worth several sum of dollars. The lost item in question was an object of inheritance from his great grandmother which got missing under an unexplainable circumstance. The said chattel may be regarded as of inestimable value to the man.
Several years later, an old farmer who was hired to work on a farm and while in the course of ground digging suddenly discovered and find the aforementioned lost jewelry to his astonishment.
The question now arose as to whom among the three person is the rightful owner of the lost and found item in question?
While some school of taught are of the opinion that the farmer may exercise an exclusive right of possession vice a vize ownership claim in respect of the lost and item, some other people are also of the opinion that the owner of the farm who has engaged the service of the farmer in the first instance is the rightful and legal owner based on the legal principle of “quid quid plantator, solo solo cedit” which literarily mean that “ He who owns the land owns whatever that is attached to the said land’’
But the better position of the law with regards to this dicey situation has always been that a finder of a lost piece of item whether found lying on the ground surface or embedded under the soil can rightly maintain a rightful claim of owner in respect of such lost item to the exclusion of any other person on earth unless and until the real owner emerged with a better proof of ownership title as against the said finder.
Several years later, an old farmer who was hired to work on a farm and while in the course of ground digging suddenly discovered and find the aforementioned lost jewelry to his astonishment.
The question now arose as to whom among the three person is the rightful owner of the lost and found item in question?
While some school of taught are of the opinion that the farmer may exercise an exclusive right of possession vice a vize ownership claim in respect of the lost and item, some other people are also of the opinion that the owner of the farm who has engaged the service of the farmer in the first instance is the rightful and legal owner based on the legal principle of “quid quid plantator, solo solo cedit” which literarily mean that “ He who owns the land owns whatever that is attached to the said land’’
But the better position of the law with regards to this dicey situation has always been that a finder of a lost piece of item whether found lying on the ground surface or embedded under the soil can rightly maintain a rightful claim of owner in respect of such lost item to the exclusion of any other person on earth unless and until the real owner emerged with a better proof of ownership title as against the said finder.
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