Does anyone have a template agreement for permission to MD?

[PatrickD]

Hi Everyone,

I have never used an agreement to metal detect someone's property. However, it is a cool idea.

Where can I get a draft agreement to use? I am not sure what wording to put on it.

Any assistance would be greatly appreciated.

Patrick

 

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[Brian NH]

Hi Everyone,

I have never used an agreement to metal detect someone's property. However, it is a cool idea.

Where can I get a draft agreement to use? I am not sure what wording to put on it.

Any assistance would be greatly appreciated.

Patrick

I found this a while ago. Have used it yet.

Permission to Metal Detect on Private Property

I, _____________________________________ agree to allow (type your name and address), to use a metal detector to search for and recover buried coins, relics and other artififacts located on my property at ________________________________. In addition, I offer my service to you. If you or a family member have lost a valuable piece of jewelry or other significant metal object, I am happy to search and find it at no charge or cost to you. It is understood that recovery includes the digging of small holes which will be repaired as nearly as possible to original condition. This permission will remain in effect until such time that it is revoked in writing.

________________________________ (Signature) ______________ (Date)



Liability Waiver Form

In consideration of permission to use a metal detector to search for and recover metal artifacts on the property located at ___________________________________ and owned by ____________________________ , I, (type your name), agree to release from all liability for personal injury or property damage that I may suffer as the result of my searching said property. This release is binding and discharges said owner, his or her heirs, executors, administrators, from all actions, causes of action, claims and demands for, upon, or by reason of any damage, loss, injury which I may sustain while engaged in metal detecting on the owner’s property.

______________________________(Signature)

_________________________________________(Address)

__________________(Date)

 

[Brian NH]

Her is another one I just found.

DATE

Dear Property Owners Name,

I would like to introduce myself. My name is (Name) and I have lived in (Your Town) for (Number of Years). I am (Age) years old, (married/single) with (number of children). Normally, I would prefer to meet you in person, but I feel that a letter before hand is a better approach than just knocking on your door at an inconvenient time and invading your privacy.

I have been engaged in the hobby of metal detecting for (Number of Years) years and find it a healthful, enjoyable pastime that allows me to meet many interesting people.
The thrill of finding old coins, buttons, etc. is very rewarding to me.

Recently, I have researched information that your property and the area surrounding it goes back many years. I would like to obtain permission for myself and a friend to detect your property.

I want you to understand that I always respect the property that I search and leave it in the same condition that I found it. Normally the targets are no deeper than 4 or 5 inches and I retrieve them such that the ground appears not to be disturbed. In addition, I would like to offer my services to you.

Perhaps you or someone you know has lost a valuable ring, a cache or a farm tool. I would be willing to assist just for the thrill of the search. I have enclosed a self addressed stamped envelope for your convenience and would be happy to meet with you if further discussion is required.

Thank you for your time and consideration.

Sincerely,
(Your Name)
(Telephone Number)

 

[PatrickD]

Thanks,

You are awesome. I do appreciate the drafts.

Patrick

 

[tims1chap]

@Brian_NH I am going to try your letter. I have a land owner that lives about 2 to 3 hours away from his land. The land just sets there no one farms it or anything anymore. The lawyer who owns it, inherited from his father and I think it has been in the family longer than that. There is no homestead on it, but it neighbors a major battlefield. I will let you know the response.

 

[Moonrover]

Her is another one I just ..... )

I like the second example. Warmer and more personal. Less likely to scare a land owner with the legal stuff. Of course have a "hold harmless" form available if they have concerns about getting sued if you are injured on their property. A personal meeting opens doors more often for me than a letter, however. Maybe the letter then a face-to-face would be a good method.

In the case of large acreage, the land owners may be accustomed to game hunters approaching them and more likely game hunters just hunting without permission. You will encounter land owners who may be jaded by past game hunting happenings. In that case you might want to show the land owner how metal detecting is done and not call it "hunting". Just a thought. Situations vary widely.

M

 

[Tom_in_CA]

tims1chap, just be sure that before you go whip out a contract for them or you to sign, that they .... in fact ... want and ask such a contract. If someone is willing to shrug their shoulders and say "go ahead", then ........ no need for a "contract". Sometimes the only thing showing someone a contract does, is conjur up images of some sort of legal hassles, "treasures you are certain to find", etc... So unless they themselves ask for it, keep it casual. A simple handshake, a smile, etc... go a long way. Because, think of it: what would YOU do, if a total stranger shows up at your door holding out a contract for you to sign? Doh!

 

[olfacere]

I have to agree with Tom. When it's time to sign a contract, the mood totally changes. You're talking about putting names on something that may be legally binding. It spooks people. Words like "liability" drag up other words like "insurance." It may be a good idea to have a blank contract on hand for that seldom land owner who would want one, but I would have to imagine that you would lose at least half of your yes's by whipping out a contract. As long as the activity is casual, low risk, and just a hobby, then why say no? When the land owner reads things like "liability waiver," he gets nervous. Besides, when you think about it, the purpose of the contract is really to protect the detectorist and land owner from each other if something goes wrong. The contract makes them think about what might go wrong, when they probably wouldn't have thought of it on their own.

 

[HistoryHunterMike]

For those times people do want a contract. You can also rewrite this so it does not sound so legal.

LAND-OWNER / DETECTORIST CONTRACT

I (full name) ________________________________________________ the occupier/owner of the land/premises
known as _________________________________ situated at _________________________________________
hereby grant a detectorist license to (name)______________________________ (hereinafter called the 'licensee').

1. In consideration of payment of _____________% of the value of any property found the owner/occupier hereby grants to the licensee the right to enter the said land (which land is called the licensed area) and subject to the conditions herein to search for treasure, metals, buried coins and artifacts.

2.The license shall, subject to determination as hereinafter provided, continue in force:
from ____________________________(day/month/year) until _______________________ (day/month/year)

3.The licensee hereby covenants with the owner as follows:
i) to fill and make good any excavations
ii) to protect any livestock upon the said land and prevent their escape
iii) to protect the Wildlife, whether plant or animal, upon the said land
iv) to prevent fire
v) to bear full responsibility for any damage to the property, including all livestock, wildlife, plant and animals thereon and including any injuries suffered by the licensee or any other person as a direct result of the licensee's activities thereon
vi) to immediately inform the owner/occupier of the said premises of any finds of gold or silver objects which might be considered treasure trove
vii) to deposit any property found with a named and agreed independent person/authority in the event of any dispute over the ownership of the property until the determination of ownership is finalized
viii) to report any archaeological discoveries to the owner/occupier of the land
ix) to report any bombs or other like missiles to the police
x) to respect the country code
xi) so far as the licensee may validly do so, at all times to keep the owner/occupier effectually indemnified against all actions or proceedings, costs, charges, claims and demands whatsoever, which may be made or brought against the owner by any party in connection with this license or any matter or thing done or purported to be done in pursuance thereof.

4. The licensee shall not assign or part with any rights granted by this license in relation to the whole or any part of the licensed area or grant any sub-license in respect of any such rights.

5. If there shall be any breach or non-observance by the licensee of any of the terms and conditions of this license, the owner/occupier may revoke this license, and thereupon the same and all the rights granted shall cease and be determined with or without notice by the owner/occupier and immediately on being requested to do so the licensee will vacate the land or part thereof. Any material items discovered prior to such events so arising will maintain possession of the goods with agreed independent person/authority until such time that disputes of just cause for premature license revocation are settled.

6. The value of any objects will be determined by agreement between the parties named herein or by sale for the highest available price or by appraisal by at least two independent persons jointly selected. Thereafter payment of any monies due to either party to this license must be made upon the sale of said objects, or within a reasonable period following an evaluation and prior to any sale where the purchasing party seeking sole ownership may obtain the necessary funds in payment to the other party.

Signed and agreed ___________________________on this day (day/month/year)______________

 

[olfacere]

I've bought cars with less reading and writing than that.

 

[HistoryHunterMike]

I've bought cars with less reading and writing than that.

True but lets say your on private land with a very basic agreement and just happen to find a gold cache worth thousands. The property owner decides that it is all his! Would you be glad you had read a bit more?

 

[Skinsfan]

As a homeowner I would never sign those long contracts..ever. I would be much more receptive to the less formal letter.

I hate doorbell ringers.

The people that will grant you access are usually the ones that would rather you spend five minutes talking to them. Heck, let them swing the detector if they want.

If they let you and and have a kid, offer them a coin you "find". (One that is kept in your pocket..an old wheat penny or something). Small act can go a long way.



Sent from my Samsung Note 2 using Tapatalk

 

[HistoryHunterMike]

As a homeowner I would never sign those long contracts..ever. I would be much more receptive to the less formal letter.

I hate doorbell ringers.

The people that will grant you access are usually the ones that would rather you spend five minutes talking to them. Heck, let them swing the detector if they want.

If they let you and and have a kid, offer them a coin you "find". (One that is kept in your pocket..an old wheat penny or something). Small act can go a long way.



Sent from my Samsung Note 2 using Tapatalk

Unfortunately the show Diggers has been around for a bit now and most homeowners think they will get rich on what I find. Usually the first response I get from a homeowner now is "how much money can I get?" I've usually been contacted by a home owner due to an online ad or a letter I've sent. I have had no problem with people signing the form once each section is explained and they realize it is mostly to protect them and their land. I carry a RS Discovery 1000 and a Garrett 350 so if they have kids I invite them to detect with me, sometimes the owner gets into it and a new MD'er is created. Shoot I've tossed quarters on the ground just so the kid will find it, the joy they get is so worth .25

 

[Tom_in_CA]

True but lets say your on private land with a very basic agreement and just happen to find a gold cache worth thousands. The property owner decides that it is all his! Would you be glad you had read a bit more?

Mike, your statement fails to realize, that you wouldn't even be hunting the property to begin with, if you had shown up with such a contract! So forget ever finding a "gold cache", as you would merely be turned away from people who don't want to be bothered.

Here's what you do if you found a "gold cache" on someone's property, and yet didn't have a contract: You bury it back in the ground, and cover it up, exactly where it laid. THEN you go talk to the people and let them know that .... if ... "hypothetically" you were to have found something big, how would the two of you go about splitting it? THEN after they've made a agreement (in writing if you/they want), THEN you go back, and dig it up, and show them.

 

[Dixiegal]

These agreements are not worth the paper they are written on. Your best bet if you can get sombody to sign one is to dig something up take your half off the property thengo give them Their half. But the best way to learn this is to have the property owner take advantage of you a few times and then the learning curve kicks in.

 

[HistoryHunterMike]

Mike, your statement fails to realize, that you wouldn't even be hunting the property to begin with, if you had shown up with such a contract!

As stated in my post most of the time the property owner has contacted me first! I never just show up with a contract without having discussed accessing the property with the owner first either through email or over the phone. I have never had a property owner fail to sign the form. I do not just go and knock on doors, although this is a hobby I always try to conduct myself in a professional matter. Although it has never happened to me I'm sure there are stories out there about property damage caused by a metal dectorist. Broken water pipes, cut fiber optics or animals escaping due to a gate being left open. In the UK people in this sport carry insurance to protect themselves while detecting on private land.

 

[tims1chap]

@HistoryHunterMike, I am thinking you are talking about the Savage Family Diggers on Spike and the fact that they sell everything. The other show Diggers on Nat Geo. actually have an Archaeologist with them to document the finds and they donate the stuff to the place that is allowing them to dig. So yes both shows are somewhat different and both can be annoying they are still different shows with different slants.

@Tom In CA, I only used the letter as the owner lives two to three hours away from the property and me. I live 10 minutes from the property, so sending him an introduction type of letter may not be a bad thing. A guy I work with that lives next to the land just got permission to go shoot at targets through a letter just asking permission.

 

[HistoryHunterMike]

@HistoryHunterMike, I am thinking you are talking about the Savage Family Diggers on Spike and the fact that they sell everything. The other show Diggers on Nat Geo. actually have an Archaeologist with them to document the finds and they donate the stuff to the place that is allowing them to dig. So yes both shows are somewhat different and both can be annoying they are still different shows with different slants.

That's the one. Only watched part of one show was to annoying to keep watching. After they dug in ST. Augustine all the cities went nuts to stop MDing here in Florida.

 

[Georgivs]

I know this is an older post, but it's exactly what I've been looking for! thanks!

 

[NSB Diver]

This is a good one! I've been looking for something like this. Thank you!