Offer nothing unless asked!!!!!!!!!!!! GodBless Chris
AND (That's a VERY big AND!) you have sampled the property and feel that there is a good quanity of gold to make it worth your time!
1st) ONLY the land owner can give you permission to be on his/her property. Renters/leasers have no rights when it comes to gaining access. Even less right when it comes to demanding payment to treaspass.
2nd) Land owners lie! "I know there's gold in my pasture. Just dig it up and you'll find it." After you dig and dig and dig. What have you done? Not found gold, but made it easy for him to go and till it up!
3rd) ALWAYS insist on having a "Waiver of Liability". Why? It protects the land owner if you should get hurt. You can sue him. (You can, but it makes it almost impossible to win.) 3A) If you find something (Gold, Blackbeard's lost treasure, etc) The Land owner can claim you were on his land illegally and therefore everything you found belongs to him. (People get greedy when it comes to money.) Make sure you both has a copy of the waiver as well. (This should be obvious. But again, it prevents he said, she said.)
4th) Make
absolutely Sure you know where the owners property ends. Case in point, my friend George. George was metal detecting, (something he has done for many-many years!) George discovered the "Carolina Potato!" A 5 ounce gold nugget! Guess what. Turns out he had strayed onto a neighbor's property he didn't have permission to hunt on. The neighbor came out, took exception to George digging on his property. The neighbor was right. George didn't have permission, which meant everything he found on that property belonged to the land owner. He had to give up his 5 pound gold nugget!
2 copies of waiver I have used:
GUESTS LIABILITY AND INDEMNIFICATION AGREEMENT
________________________________________ (hereinafter referred to as “Guest”) Guest has been given permission to come upon the
_________________________________________property located in
____________________________________ County, ______________ (hereinafter referred to as the “Owners Premises”) operated by _____________________________________ (hereinafter referred to as "Owner").
Guests acknowledge and understand that no warranty, either express or implied, is made by the Owner as to the condition of the Owners Premises. This document is to warn Guest that dangerous conditions, risks and hazards do exist on the Owners Premises. Guest acknowledges that prospecting and other activities on rural property such as the Owners Premises does have unknown hazards and risks and can result in injury or property damage to the person/persons involved in these activities. The many possibilities and sources of injury or damage are acknowledged by GUESTS, and he/she comes on the Owners Premises with full knowledge that hazards and risks exist. As a part of the consideration for being allowed by Owner to enjoy prospecting activities on the Owners Premises, GUEST HEREBY INDEMNIFIES ( RELEASES) Owner from all liability for personal injury (including wrongful death) or property damage suffered by Guest which is caused, in whole are in part, by any activity or condition on the Owners Premises. Guest understands this agreement and has agreed that neither he/she, nor his heirs or personal representatives will be able to sue Owner or his associates for any injury or property damage that Guest suffers while on the Owners Premises.
GUEST INDEMNIFIES AND RELEASES OWNER FROM ALL LIABILITY.
As used in this release agreement, the term Guest/Guests will include any minors in the Guests care while on the Owners Premises. All Guests who bring minors understand the Owner is not responsible for the care or safety of minors. The Guests who bring minors onto the Owners Premises assumes the responsibility for watching and caring for the minor’s safety and guarding against hazards at all times. Guests shall also be held responsible for any and all damages that may occur to the Owners property ‘as a direct result of the Guest’s activities’. It is understood that as a Guest, I will not cause any damage to the Owner’s Premises and that any Guest will carry out any trash that any Guest carries in, and all Guest’s will leave little to no trace of their visit to the Owner’s Premises (All holes will be filled upon departure).
GUEST HAS READ THIS DOCUMENT AND UNDERSTANDS AND AGREES WITH IT. HE/SHE IS SIGNING IT FREELY AND VOLUNTARILY.
DATED________________________________________________________
GUEST(s)______________________________________________________
_______________________________________________________________
WITNESS _____________________________________________________
END OF AGREEMENT
INDEMNITY AND RELEASE OF LIABILITY
I / we, the undersigned, for the privilege of entering on the premises and real property more particularly described as follows:
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, do hereby release the owners and persons in possession or their agents of the above described premises from any liability whatsoever which any injury whatsoever that the undersigned may incur whether to person or property from entering upon the above described premises and further agree to indemnify and save harmless the owners and persons in possession or their agents from any loss, damage, or expense arising from the claim or demand of any person to or against the owners and persons in possession or their agents of or directly or indirectly as a result of any injury or property to the undersigned incurred upon the above described premises.
I / we also agree to and do state to leave the premises as found when entering there onto. There will be no litter or dug holes left and all gates will be left as found. Any further request by the owners and persons in possession or their agents of the above described premises will be honored.
Signed,
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Dated: ___________________________________________
END OF AGREEMENT
You may want to sign this for one time, or word it such as it span a specific time frame. (No more than 3 months to start with.)
Explain to him/her the first time is strickly research. You are looking for signs that there is something on their property. You will take nothing with out of there at the end of the day. (If you do discover Blackbeard's treasure leave it buried. Then come back and negotiate a split. If they ask you if you found any gold/treaure. Just say the signs are promissing and agree on a time to come back. Then negotiate coming back and the split.
Put EVERYTHING in writting!
