Property and the Law of Finders

Description

Are finders keepers? This most simple of questions has long evaded a satisfactory legal answer. Generally it seems to have been accepted that a finder acquires a property right in the object of her find and can protect it from subsequent interference, but even this turns out to be the baldest statement of principle, resting on obscure and confused authority. This first full-length treatment of finders sets them in their legal-historical context, and discovers a fascinating area of law lying at the crossroads of crime, obligations, and property. That on the same facts a finder might be thief, bailee, and/or property right holder has clouded our conceptual analysis, and prevented us from stating simply our rules about finding. Nonetheless, when the applicable doctrines and policies of our property law (particularly the central concept of possession) are explored and understood in the light of countervailing rules of crime and tort, we can argue confidently that, despite centuries of doubt and confusion, English law has succeeded in producing a body of law that is theoretically and practically coherent. Property and the Law of Finders makes this argument, and will appeal to anyone specifically interested in the law of personal property, and also to those with broader concerns about the evolution of common law concepts and their ability to yield workable, practical solutions.

Robin Hickey is a Lecturer in Law at Queen's University Belfast.

This is a patient and level-heqaded examination of an area of the law sometimes thought to be a jurisprudential shambles. Lacking the ethical underpinnings and riddled with difficult facts and nonsensical distinctions, the law of finders has seemed an obvious candidate for reform. Not so, says Robin Hickey. The law of finders, rightly understood, makes perfect sense. Far from a shambles, the march of case-law has created 'a body of law which is remarkably coherent and achieves practically sensible results'. The argument is well make. Even readers who do not find the author's sanguine conclusion entirely convincing will profit from his careful reading of the case-law and his trenchant comments upon it. The author's determination to look at his subject in the light of the law as a whole is one of several reasons the book succeeds. Dr Hickey's book is a sober consideration of the law as a whole, pruning away what is unnecessary but affirming the value of what is left. It is thorough in its coverage. It is forceful in its argument. It is clear in its presentation. ... it will inform and interest its readers. It will also leave them with a renewed confidence in the worth of serious doctrinal scholarship. R. H. Helmholz Legal Studies Volume 31, Number 3 Throughout this useful and insightful analysis, the author explodes some of the myths and misunderstandings apparent in previous judicial and academic considerations of finding cases, and in particular there is a useful demonstration of the pervasive impact of Frederick Pollock (and to a lesser extent, Oliver Wendell Holmes) in the development of a doctrine of possession. ... the text reads well, and there is a high level of structural clarity in the exposition of the main thesis and the relevant sub-theses... Property and the Law of Finders is a clear elucidation and successful analysis of the complex and detailed history and content of the doctrine, and its accompanying policies. It also provides a good example of the dangers of ignoring the particular context of leading cases, as well as demonstrating that the common law can often meander towards coherence and happen across pragmatic social objectives without the catalyst of codification. Dr Sean Thomas Conveyancer and Property Lawyer 2011 Aptly described as a "juridical minefield" (A. Tettenborn, "Gold Discovered at Heathrow Airport" (1982) 41 C.L.J. 242), it is much to Robin Hickey's credit that Property and the Laws of Finders provides such a clear guide to the complex and overlooked common law of finding. Hickey's work carefully unpicks the confusing interplay between crime, tort and property rules underlying the well-known maxim of "finders keepers". ... a stimulating and well-argued overview of the law of finders. Emma Waring The Cambridge Law Journal 2011 I do not recall ever reading a detailed study of law that does not come down in favour of reform in some form or other; but this is the case here, and the conclusions are as convincing as they are unusual. The author, when presented with what seems like a chaos of sources and concepts, has plucked a few simple threads that run through all of them. This is a lucid and engaging work and, in an area like this, such simplicity must have been very difficult. Neil Maddox Irish Jurist Volume 45 Property and the Law of Finders is a book that should be on the shelf of anyone interested in land law or who wishes to find out more about this particular area. Unlike many legal books it is not one that intimidates the reader before even cracking the cover since it is less than 200 pages in length and presents a very approachable proposition. The table of contents is logical in its organization and provides the reader with the ability to jump to a particular area with ease rather than having to trawl through keywords in a bloated index. Alternatively, should one have the time and sufficient interest, reading from cover to cover is something that is very realistic within a relatively small timeframe...Wrapped up with a succinct conclusion the book is organised well and is easy to follow for those within or without the legal profession. This is an achievement that should be well received by practitioners, students, and the public in general and should be read by anyone who wishes to more properly understand the law of finders and what rights a person may have, no matter what side of the argument they may lie upon. Matthew Carn Trust Law International Volume 24, Number 4, 2010