## Facts

- A freehold owner leased part of his land to a gas company for construction and operation of gasworks.
- The lease permitted excavation and construction of structures, subject to approval requirements, and reserved ownership of minerals to the landowner.
- While excavating in the ordinary course of the works, the tenant discovered a large ancient boat about six feet below the surface, embedded in clay.
- The boat had been buried for centuries, was not visible from the surface, and no true owner could be identified.
- The landowner had no knowledge of the boat’s existence when granting the lease.
- The landowner demanded delivery of the boat; the tenant refused, claiming title as finder.
- The landowner sued to determine ownership.

## Issues

1. Whether a landowner has a better right than a tenant-finder to a chattel embedded beneath the surface of the land when the true owner cannot be found.
2. Whether the landowner’s lack of knowledge of the chattel’s existence defeats the landowner’s claim.
3. Whether the tenant’s rights of occupation and excavation under the lease impliedly entitled the tenant to keep embedded finds.

## Decision

- The court held that the boat belonged to the landowner, not the tenant.
- The landowner’s possession of the land extended below the surface and carried constructive possession of objects embedded in the soil.
- The landowner’s ignorance of the boat’s existence did not affect the landowner’s constructive possession or title.
- Because the lease contained no express or implied allocation of ownership of embedded finds to the tenant, the tenant’s status as occupier and finder did not displace the landowner’s superior right.

## Legal Principles

- Possession of land extends to the subsoil; the landowner is treated as being in possession of things embedded in the land even before discovery.
- A landowner’s constructive possession gives a better title to embedded chattels than a tenant or other finder, absent a contrary agreement.
- A finder’s claim is subordinate where the item is embedded in land that is already in another’s possession; “finder” status alone does not create superior title.
- Lack of knowledge of an embedded chattel does not negate the landowner’s constructive possession of it.

## Conclusion

The court awarded ownership of an ancient boat embedded beneath leased land to the landowner, reasoning that constructive possession arising from possession of the land extends to sub-surface embedded objects and prevails over a tenant’s claim as finder unless the lease provides otherwise.


Elwes v. Brigg Gas Co., (1886) 33 Ch. D. 562 (Ch.)