Detecting on Common Land

[dkcrooby]

Just thought this might be helpful for anyone wondering whether they could detect on common land or on public rights of way.  This is the info I received from our council.   Shianne

'Common land is not un-owned land and that only those with a right of common have rights to take something off that particular common land, i.e. grass.
 
The public generally has the right of access for air and exercise Law of Property Act 1925, I doubt this would include digging or removal of objects (presuming this is the goal to detectoring).  Consent would be required from the landowner and (I presume) could not interfere with the rights of the commoners, i.e. grazing animals etc.
 
For info............
 
On private property, the use of metal detectors and foraging for finds may disturb the ground. Subsequent removal of objects without the landowner's permission can constitute trespass, criminal damage or theft. Treasure hunting on private land without permission or on a public right of way is a trespass. The Countryside and Rights of Way Act 2000 does not permit a person to exercise a right of access under the Act if he/she is carrying or using a metal detector.

On the site of a scheduled ancient monument or an area of archaeological importance, it is an offence to use a metal detector or to detect or locate objects of archaeological or historic interest without written permission from the Secretary of State through English Heritage. Consent is not normally given except for bona fide, non-destructive, research purposes or for the recovery of valuable items of lost property, for example rings and watches.

A finder of defined buried objects must notify the Coroner for the area and will suffer penalties for failure so to do. Such objects belong to the Crown, but the Treasure Act 1996 permits the making of ex gratia payments. A Code of Practice gives guidance to landowners and treasure hunters on the ownership and valuation of relevant objects and payments to finders and landowners. A finder may receive an ex gratia payment notwithstanding that he may have been trespassing when the find was made, although any payment made in such circumstances will be reduced accordingly.

Objects which are not qualifying objects for the Treasure Act 1996 and which are attached to or buried in land generally belong to the landowner. Objects which are not attached or buried may in some circumstances belong to the landowner.'

[dances with badgers]

booger so where would you find out who owns common land in your area so you could write a nice letter or email to ask permission ?theres a cracking castle near me called carreg cennen and i think it is privatly owned.must be loads of good stuff around there

[Al.Thepastfinder, ( Alan )]

 That's right too Shianne,  we had to get special written permission for our sunday searches, 
 Alan

[Val Beechey]

From my experience while in Shropshire, where we lived by a large area of 'Common' land. The land is owned by a person or persons and grazing rights are granted , by law, to those whos property ajoins that common land.
The area in Shropshire is owned by the MOD and all the farms that bordered it had the right to allow animals to graze. So presumable in that case you would need MOD and Farmer permission.
One thing is for certain. There isn't a single inch of Britain that isn't owned by someone.

Val

[johnus brummieus maximus]

The majority of lands in England are owned by the people (not the council) the Council in the main are the up keepers as the lands was given by the majority of wealthy people to the local councils for the people, the high flyers who had no dependants to leave it to (children or relations) this way was very common,sadly they considered it would be well and better looked after but as we know in the majority this is not the case, other undesiders sadly do not make a will and then property and values goes to the the parasites (the crown) this is called dying in testate.
One could argue that in the main our local councils are in breech of their written contract agreements but will you ever see them? they also had lands and fields during the war from this kind of behaviour which was used for growing for the need of food, sadly our Councils are now are deciding to sell these lands due to be short on the cash thats a laugh.
The whole point of this is that kids dig up the fields and grass and soil with there football boots, and our local Councils leave almost everything like a bombs hit it so im sure that us making a small hole or two is not such a big thing is it, we own the fields and most the lands anyway dont we.

[johnus brummieus maximus]

Sadly i forgot to add the church they also own a slice or two.

[Alaska]

Greetings!
I am dreaming of a trip to Wales some day, and am very new to detecting.
Where does one go to find out what the rules are over there about detecting? We have gold in the ground up here, but not like the worked pieces of history you folks search for. If I was ever to travel there, I'd not want to run afowl of the rules!! 

I am just begining to understand the big find (hoard) rules, but what about the little stuff? I understand the designated sites being off limits. The find of the Staffordshire Hoard has sparked my imagination.

I want to come to Wales as I own several Cardigan Welsh Corgis, dream of gold, love history, and, why not?!
All suggestions appreciated!! 
~M in Alaska

[Tafflaff (Rob)]

Come on over, Its not difficult. The detecting law is simple if you break it down. It basically says that you can keep any single coin no matter what age or material . Its when multiples of that coin is found in the same field it can be deemed a hoard and needs to be reported as treasure.

Any artifact of at least 10% silver or gold and being over 300 years old must be reported. Also hoards of non precious metal like brinze axes ect must also be reported.

Taking your items back across to Alaska for the most part is a no no . You will have to get export forms filled out and a lisence granted. This can take 6 weeks so you would need someone ove in the UK to forward both the lisence and artifact/coin to you.

[rjm]

Come on over, Its not difficult. The detecting law is simple if you break it down. It basically says that you can keep any single coin no matter what age or material . Its when multiples of that coin is found in the same field it can be deemed a hoard and needs to be reported as treasure.

Any artifact of at least 10% silver or gold and being over 300 years old must be reported. Also hoards of non precious metal like brinze axes ect must also be reported.

Taking your items back across to Alaska for the most part is a no no . You will have to get export forms filled out and a lisence granted. This can take 6 weeks so you would need someone ove in the UK to forward both the lisence and artifact/coin to you.

I take it you mean taking any of his treasure trove items back to Alaska will need an export licence?

'Normal' finds have no restrictions.

[Tafflaff (Rob)]

Nope  any of the finds over 50 years old will need an export liscense, including the normal artifacts or coins

[nfl]

jeez,im sorry but you lot are numptys ,if your intrested in common land[where anyone was allowed to do as their hart desires],,locate common land on a modern map then look back in time maybe on a tythe map and see if it still was common land[most what was then common land is located on modern farms]......better than digging up recreational areas aint it