Finders Law: land, marine and tsunami debris

Last revised April 04, 2024

Land

Common Law rules and legislation that govern the rights of a finder of items lost and found on land include:

• The finder has entitlement to the item over all other people, except the true owner of the item or a person who found the item first, if the item is not attached to the land or embedded in it (Armory v. Delamirie, (1722) 1 Str. 505; Clark v. Maloney, 3 Har. 68; Bridges v. Hawkesworth (1851) 21 LJQB 75).
• Finders have a duty to take reasonable steps to return the item to its rightful owner (Parker v. British Airways Board, [1982] Q.B. 1004).
• If the found item is attached to the land or embedded in the soil, it is treated as a fixture or part of the property, and the owner or occupier of the land is presumed to have superior possession regardless of whether they knew of its existence (Elwes v. Brigg Gas Co. (1886) 33 Ch. D. 562; South Staffordshire Water Co. v. Sharman, [1896] 2 Q.B. 44; Waverly Borough Council v. Fletcher, [1996] Q.B. 334 (C.A.) at 345).
• For items found on the surface of a property, the finder’s possession may prevail over the owner of the land in some situations. To claim possession of the found object, land ownership alone does not suffice; the landowner must also have occupied the premises at some point during which the item was on the land (Hannah v. Peel, [1945] 1 K.B. 509). The finder can also challenge the occupier’s superior possession if they can show the occupier had no intention to exercise control over the item (Grafstein v. Holme, [1958] O.R. 296; Kowal v. Ellis, [1977] 2 W.W.R. 761).
• If the finder is trespassing on the land when the item is found, the finder does not have a superior claim to the item than the owner of the land, even if the owner of the land had no intention to exercise control over the item (Hibbert v. McKiernan [1948] 2 K.B. 142).
• However, a trespassing finder or who otherwise obtains items illegally is still entitled to possession if no owner comes forward to claim the property (Bird v. Fort Frances (Town), [1949] O.R. 292).
• When a finder is acting in the course of employment or agency to another person, the finder’s claim transfers to the employer or principal, and the finder has a duty to report the finding premises to the employer or principal (Grafstein v. Holme, [1958] O.R. 296; White v. Alton-Lewis Ltd. (1975), 4 O.R. (2d) 741). The employer or agent’s claim to found items is irrelevant if not asserted (Hannah v. Peel, [1945] 1 K.B. 509). For items found outside of the employer’s premises in a public place, or found outside of the course of employment, the employee retains the finder’s right (Byrne v. Hoare, [1965] Qd R 135; Millas v. B.C. 1999 (BC Prov. Ct.)).
• Archaeological finds are generally found to belong in the public domain and most provincial statutes declare the finds to belong to the provincial Crown, with the exceptions of Ontario and Quebec. If the Crown decides to transfer the item(s) to a museum, the finder may be provided a reward.
• Finders Law does not yet account for the restitution or repatriation of found Indigenous cultural property and reform is overdue. Indigenous land claims commonly address Canadian government responsibilities to assist with artifact repatriation, and many Canadian museums are developing repatriation guidelines or policies. On June 21, 2021, The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) came into force as legislation in Canada, and the 2023-2028 Action Plan includes the repatriation/rematriation of Indigenous cultural belongings per articles 11 and 12.

Marine

Part 4 of the Wrecked, Abandoned or Hazardous Vessels Act, S.C. 2019, c. 1 and the Nairobi International Convention on the Removal of Wrecks, 2007, as found in Schedule 1 of the Act, govern the law of wreck. 

If the debris found is an item fitting within the definition of wreck in Article 1 of the Wreck Removal Convention, the finder must try to find the wreck’s owner to get permission to take possession of the wreck. A finder must obtain the right of possession before salvaging, removing or disposing of a wreck. If the finder cannot locate the owner, they must report the wreck to the Receiver of Wreck before taking possession.

Failure to report the wreck as soon as feasible can be a violation or offence under the Act. Violations could result in a monetary penalty, and offences could result in fines and/or prison terms.

The Receiver of Wreck, an agent of the Ministry of Transport, will act as the wreck’s custodian while attempting to locate the owner. If an owner isn’t found, the Receiver may release the wreck to the finder who wishes to salvage the wreck, also called a salvor, or otherwise dispose of the wreck such as through sale.

Any person who salvages the wreck is entitled to a salvage award for reasonable costs and expenses. They may be awarded the wreck or receive money from its sale. A salvage award cannot be more than the wreck’s value.

A finder must not disturb a wreck in a protected area, such as a park or conservation area, without special permission.

Tsunami, hurricane and other storm debris

Found items that were not on board or part of a seagoing vessel do not fit the definition of “wreck” and need not be reported to the Receiver of Wreck. For debris that is not considered “wreck”, there is no automatic entitlement to possession and the rules of finders law apply.

Content reviewed April 4, 2024