As part of a new series at Garness Jones, Director of Professional Services & Registered Valuer Chris Noble is to discuss topical issues around property – starting with reflecting on the recently updated Treasure Act 1996.
It’s a question that, as a chartered surveyor, I’ve been asked more than once in the pub – ‘if we find something we think is of high value in a field, what are our rights?
Or, more specifically, is it mine, and can I sell it for lots of money?
As ever, with property, the starting point rests with the Freeholder/Landowner, as they own everything on their land, over their land and under their land: from heaven to hell - ad coleum et infernos - is the Latin phrase.
Consequently, all of the value of – what is known as - a 'Find' belongs to the Freeholder / Landowner.
So, you may ask, why bother getting out there with a metal detector looking for that next big value Find?
Informal and formal agreements over ownership of metal detecting Finds
Typically - however informally - there is an expectation from detectorists that 50% of the value would belong to them.
This is based on the received wisdom that the Landowner would not have known the Find was there if they hadn’t found it, and the detectorist wouldn’t have been able to find the Find if the Landowner hadn’t let them walk the land.
However, as with any aspect of property ownership, it is far better to have a basic agreement drafted between a landowner and detectorist before any searching of land commences, to avoid any misunderstanding and consequent argument should a valuable Find be uncovered.
A simple agreement indicating that the value of any Finds, based on market value, are shared 50/50, would be a sensible approach, and one I am sure both parties would feel comfortable with.
What if my Find is classed as actual ‘treasure’?
‘Possession’ gets more complex where the Find could be considered to be Treasure - that is, an important archaeological item, potentially to be preserved in public collections.
Then, the Government will become involved through the Treasure Act 1996 that, essentially, rules that any Finds which may be considered to comprise Treasure are offered to the Government/Coroner within 14 days of being found.
The process involves a Finds Liaison Officer (our local one is based in York) who would assess the Find, decide if it was Treasure and – eventually - provide an appropriate value or award.
This Act, put in place in 1996 has - from July 20, 2023 onwards - been revised, such that, to be classed as Treasure, an item must be suspected to be more than 200 years old (previously, 300 years old) and contain metal, whether or not precious, or be one of at least two coins (a ‘hoard’ is more than one coin), or suspected to have been deliberately hidden.
All such items must be offered up to the Finds Liaison Officer for assessment and valuation and, potentially offers to acquire them from the 'franchisee' (typically the Freeholder of the land).
So, the simple answer to the initial question is ‘No’.
A Find does not belong to you, but to the Freeholder of the land it was found on.
If you do stumble upon treasure, talk to the Freeholder/Landowner and agree who gets what – even if there is a signed agreement – and, if it is Treasure, make sure you involve the Finds Liaison Officer or Coroner, as not doing so would be illegal.
Other than that, Good Luck searching for that next valuable Find!
