Like Bill, I find this a fascinating case (thanks for the reference,  

Andrew). Similar facts must happen all the time, particularly in the  

purchase of domestic property. My brother, for instance, recently  

bought an old farmhouse, and was irritated on taking possession to  

find one of the stables full of old junk which had been left behind by  

the previous owner. His precise circumstances would not have been  

helped by the decision of Mr Edelman QC, however, the farmhouse being  

in Scotland. As, under Scots law, the abandonment of property  

transfers ownership in it to the Crown, this puts my unhappy brother  

in a rather difficult position: does he destroy the property even  

though this technically constitutes destruction of Crown property (not  

that I imagine the Crown would want all the junk which had been left  

behind)?

I would be interested to learn of the position in other jurisdictions.

Martin Hogg

Edinburgh Law School

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