Now he wants them back!

[konnon6]

Well a while back we got written permission to hunt/metal detect on this guys ranch.I won't mention the guys ranch,but lets just say he owns lots of land.
much of which had stage coach routes running across his land.while hunting
we found some metal stampings.I didn't know what they where,but it looked like gold but much harder maybe brass.I took them to the local museum and they had no clue eather!If Deano ever gets his camera over here I'll post some pictures.There flat semi round globes with numbers stamped on them.The numbers look more modern the the kind used in the 1880s. the jeweler said it has trace amounts of gold but no real value. less than 10 percent on his touch stone acid test.But now the land owner wants them back!

 

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[luvsdux]

A good reason to have an agreement in writing as to how any finds are to be handled.
Bill

 

[mrs.oroblanco]

Did the owner see the finds and not ask for them?

What's your written permission say?

Do you want to go back to his property?


B

 

[RON (PA)]

It sounds to me that he wants it back, because of the gold in there. To some people, gold is gold. No matter how small the percentage. Since you had written permission to detect, was there anything in writing about a split of the finds Did he show interest in the finds initially?? Just some things to consider. Just my 2 cents.

 

[Old California]

Hello konnon,

That sounds like a really neat piece of property rich with history, Places like these are hard to get permission to detect.

I don't see any problem with the owner wanting these finds, I say give him everything you find or at least show him everything and let him decide what to keep.

The real joy is the making the find and of course the adventure of the hunt are moments we should all cherish as well, In this case walking on the same old ground pioneers journeyed on is priceless and even more of a joy if the terrain is like it was 200 years ago.

Be honest, You'll get rewarded 10-fold sharing and giving back your finds.
HH, Paul (Ca)

 

[desertfox]

I must agree with both SWR and Old California on this one. Its hard I know, I've been there myself a time or two but in the end I ended up the winner with some realy nice Barber coins that are still in my collection that I would never have found other wise. Good luck and HH

Desertfox

 

[Pulltab Parson]

I would give him those finds. This would probably pasify him and you could still detect the property. Then as a learning experience, I would would just show him what your willing to give up. If he takes it great, if not great. Save the good stuff for your self, you earned it by searching for it. He will be happy that your showing him stuff and giving him the opportunity to take or leave, this will also help with your detecting relationship with him.

Remember the 1st rule of Metal Detecing

Oh and next time get it in writing that you keep what you find

 

[deepskyal]

I would cheerily give them back, acting like it doesn't upset you.

Take some pics of them for your collection...and hunt his property more.

I think the jesture of good-will goes a long way.
Al

 

[sandsifter]

I have to agree 100% with Its toby on this one.
If it wasn't for the detecting, he wouldn't have any of it.

 

[luvsdux]

Here is a copy of an agreement I use. Note that it starts out with a liability waiver. I start with a copy of the liability waiver ONLY, unless the land owner does indicate interest in keeping or sharing finds.

LIABILITY WAIVER AND PERMISSION AGREEMENT

I, William H. Jones, in return for permission allowing me to metal detect on property owned by

______________________, do hereby waive any responsibility or liability on his or her part for my safety or well being. This document being proof that I recognize that I am responsible for any risk or damage to myself and that said landowner is to be held blameless in the case of accident or injury.

In addition, I promise to fill any and all holes I should happen to dig and to do my best to leave the property in as good a condition as when I entered.

Further, I will offer to show said landowner any finds if he or she desires, and to share the proceeds of my search should objects of value be found. In the case the landowner wishes to share in any finds, the following methods will be used to determine who gets what.

1. The land owner and myself will each pick an item we desire, in turn, until all items are chosen. First pick to be determined by a coin toss.

2. In the event that an item is desired by both parties, each shall offer the other a dollar amount with the high bidder purchasing the item. Each person to write down their bid on a piece of paper to be drawn blind.

3. In the very rare, but happy event, that a truly valuable artifact, coin, cache of coins or jewelry would be found, the parties should try to get an accurate appraisal and whichever party most desires ownership, would offer to buy the other's half. In the case of articles that could be separated into equal lots, each takes half, the picks to be determined as in section 1. Or the items could be sold outright and the proceeds split evenly. These options to be discussed and decided upon to the satisfaction of both parties if this situation develops.




William H. Jones _____________________ Property Owner ________________________

Date: Date:


William H. Jones
1005 Teare Rd. #5
Moscow, ID 83843-7450
208-882-8989

This can be used or modified by anyone with my full permission. So far, all I've had to use was the liability waiver part, but the full copy pretty much spells out the options as to finds.

Bill

 

[Kentucky Kache]

When someone gives you permission to hunt their property, do they think you're there for the exercise or to take pictures? NO. They know you want to dig up metal objects. To me, permission to hunt is permission to keep what you find, unless there is an agreement otherwise. Yes It's HIS land, but it was also HIM that gave permission. Of course I understand that the courts wouldn't care what I think.

 

[konnon6]

Well here's the rest of the story!It seems that those where 1856 property markers
the land he thought he owned was in dispute.This would confirm the other land
owners claim.And void his land/property right by some 20 acres.Now I didn't want to get Into a brouhaha over this so I gave him then back. But a legal friend said I had every right to keep them since the waiver said all things found where mine to keep!I did tell the other lady who had filed the land dispute.These land
tags do have historical value and were only used on large pieces of land.

 

[baspinall]

I would cheerily give them back, acting like it doesn't upset you.

Take some pics of them for your collection...and hunt his property more.

I think the jesture of good-will goes a long way.
Al

What deepskyal said...

 

[lou423]

I think you did the right thing. (Returning the markers).
Next time, just show what you are willing to give away.

 

[zlathim]

Yea, be real secretive and downright dishonest. That should help the hobby in the long run.

 

[SwampHunter]

I would have given them to him when he first asked for them. You would be hardpressed for anyone to sign that piece of paper around here too. Maybe a wavier, but the find agreement wouldn't go over well.

 

[jeff of pa]

I would have given them to him when he first asked for them. You would be hardpressed for anyone to sign that piece of paper around here too. Maybe a wavier, but the find agreement wouldn't go over well.

I agree in Both Cases.

I'd never sign my Rights away.
Not even to another Detectorist.

 

[Pepper2004]

I think you did the right thing. I do hope you at least can have some pictures made of them.

 

[Gilligan]

I think I would give them to him and maintain the best relationship possible. That way you will be able to continue to hunt his property. If you find some really good stuff don't tell him. Show him only the items that you do not mind giving away to him, just enough so that he will stay happy, and keep the best stuff for yourself. Sounds fair to me as he would not have anything to keep if it were not for you hunting and finding it in the first place.

 

[precise26]

I believe you did well by giving them up, to give you the continued opertunity to hunt there.

P.S I thought I remember reading that it was illegal to remove markers.(Canada) Not sure how true that is for the US or even Canada, but Im pretty sure I did hear it from a legit source.