Treasure Rewards - Who is legally entitled?. Finder or Landowner?

[Junkman]

This perplexes me. With regards the treasure act, it is commonly said that the 'finder gets a reward'. Is this legally correct as surely it is the landowner. It is the landowners land and therefore they own what is on and within it, including anything of value. The detectorist finds something but I would have said that the legal entitlement is to the landowner who in theory, splits it 50/50 with the finder.

The reason i ask this is that there is often criticism that detectorists get financial gain but I don't think that is automatically true. Surely it is the landowners prerogative as to whether or not they wish to gain financially?

If I was to find and declare and item values at say £100k, but the landowner being charitable and wealthy says to a museum " you can have it for free" then where does the finder stand on this?

[robson (chris)]

i assume the museum would have to give the finder his share of the value as it is 50/50 and that is what he is entitle to. so the land owner could not give it free as the finder is entitle to half.i think im sure some one will correct me if im wrong

[Malcolm.mtts]

The Law says 50/50 split

The landowner or the finder can offer to forego their share of the evaluation.

The landowner can not give away the finders share and vice versa.

If the landowner decided to give it away "Free" then that would only represent his share and not the finders share.

All that would happen is that the museum actually buys it for £50k and not £100k

[Tafflaff (Rob)]

By giving you permission to detect , the land owner is inadvertently agreeing to the treasure law. Really though you should have a signed agreement between you and the farmowner. I honestly do not know where you would stand if a landowner just turned around and said

" I did'nt give permission for him/her to detect here "    where do we stand here guys? 

[Stig(The)]

Behind the "Farmer" with your spade raised to head height 
Then...... "TWANG"   
Problem solved! 

        

[Malcolm.mtts]

I agree Millsy, a written contract or agreement on what happens if something is found can, and will be the deciding factor if the matter went to Court.

[Charles Cater]

I understood that the coroner has the last word who should get what?
Usually it is up to him and after that comes the agreement thrashed out between the farmer and the finder.

If the agreement is different to the coroners verdict that is OK but the money given goes first to the Finder and Farmer and split at different levels then after.

EXAMPLE.
Found - A gold hoard worth - according to "experts" worth a value of, say, £100,000

The hoard is now valued at £100,000 and bought by a museum at that price.
The coroner, I believe, sets the distribution of the money at 50-50

The contract with the farmer and finder is agreed at 60-40, the finder getting the higher figure by agreement.

So after all this the finder gets £40,000 and the farmer gets £60,000, that was what was stipulated on the agreement.

If it was me involved and knowing how much it should have been worth I would involve a solicitor to make sure the agreement is valid. I think that without the law being involved it could be a dicy situation.
Just my interpretation of what should happen.

[Junkman]

Interesting. I haven't seen a definitive opinion though.

So, imagine this scenario.

I ask farmer can I detect on his land and he says 'help yourself' No agreement, just permission to detect and off I go.

I then find something to the value  for example and declare it as treasure and after the process the Treasure committee says " that's worth £100K".

Who stands where then?. No written agreement, no verbal agreement other than "yes, you can detect on my land"

The reason I ask is detractors of the hobby say we do it for greed and money which in 90% of cases is not true. If you think you are going to get rich in this hobby, then you are deluding yourselves.

So when you see headlines saying " Joe Bloggs found a Saxon thingamy bob valued at " the detractors jump on this and say they are doing it for money.

[Salty (Karl) Cardiff Scan Club]

Behind the "Farmer" with your spade raised to head height 
Then...... "TWANG"   
Problem solved! 

        

  rofl