Can you stake claim for buried treasure on private property?

[edye]

I was wondering what my brother and I could do if we have a really good idea that there is buried treasure on this piece of property, but the owner, after giving us a small amount of time to look for it, is done with us? Can we stake a claim or what would be our next move?

[Real de Tayopa Tropical Tramp]

Become buddies with him. Th owner of the land owns anything of value buried in it, except mineral rights, unless they came with the property title.. So invite him to come with you looking for other spots, get him hooked and ------->$$$$$ Of course there is always the chance that he just might buy a detector himelf later and -----$$$$

Don Jose de La Mancha.

[Shortstack]

Welcome to the forum, edye. Don Jose knows of what he speaks as he's an experienced hunter. I just hope you didn't give away too much info to that landowner by where you and your brother searched. Since he is now aware that there may be a cache on his land, he can now research the past owners and history of his property and county with an eye for recovery. This is an excellent example of why one should never give away too much info without a written agreement with property owners.

Good luck, though. Hope you don't get skunked.

[Kentucky Kache]

This is why you want to think twice before asking permission to look for a cache. You can ask for permission to detect without saying anything about a cache, until you find it.

[Curtis]

In most states the treasure trove law is used...it says that if you have the permission of the land owner to be on the property and find money its yours...subject only to the original owner knowing it was there and planning on coming back for it. So if you have a written agreement that you can be looking for things of historical interest and find treasure you have met all the requirements. Got to have permsion or he can take it. Got to prove he gave permission. So get it in writing or on a taperecorder. See the thread/post above for an example of what can happen if you don't.

[stefen]

Can I walk into your home and take money from your wallet?

There's your answer!

Now justify why you think you are entitled to screw a property owner for your own personal gain...

Most people would call this theft or thievery!

At least, a lack of morals...

[lastleg]

edye:

Are you inquiring about staking a claim on BLM land that is occupied by
someone?

[Kentucky Kache]

Can I walk into your home and take money from your wallet?

There's your answer!

Now justify why you think you are entitled to screw a property owner for your own personal gain...

Most people would call this theft or theivery!

At least, a lack of morals...

That IS theft.

[Texas_Meteorite_Hunter]

Can I walk into your home and take money from your wallet?

There's your answer!

Now justify why you think you are entitled to screw a property owner for your own personal gain...

Most people would call this theft or theivery!

At least, a lack of morals...

That IS theft.

No, that is called government.

[jeff of pa]

I'm not going to Go into Theft or Morality Issues,
This is Not My Style.
I Don't believe I Am your Nanny, or your Owner.

What "I" would do is ask Permission to hunt
and All Though I Would Wrestle with the Idea
of Keeping Quiet on the Cache (Treasure)
I Would Most likely Tell him why I Want to hunt,
also Telling him I Would Expect Half of
any Cache found.

on the other hand, IF They came to me with the Story,
Telling me it was a Relative who Hid it, I would Request all other
finds while Looking (Except Engraved Items)
& Pictures of the Cache with me By it if found
& Would not Turn down a Piece of the Treasure IF Offered.

I Would Also Prefer to do it all on a Handshake
unless the Landowner Brought up Contracts.
bringing up contracts has been known
to scare landowners. and can be broken easier
without guilt then a gentlemans agreement.

IF It's Government Property Forget any type of
Agreement it just won't Happen.
Only Answers they Give That I Know of are:

#1. "There is No Proof it Exists, Prove it First"
WITHOUT DIGGING
#2. "No Digging allowed, this is the Peoples Land"
#3. "WE want to See the Treasure First,
Then we will Decide IF & What you Get.

Small Government : City, State, if you can "Detect"
What you do with What you Find
is your Business so Take Saying
from the Government
Don't ask, Don't Tell



Another scenario which would change everything
would be if it were a conglomerate, or corporation
that owns the land. around here there are a few
corporations that own hundreds of thousands
of acres of land. they buy the land
to make money off it. and the coal rights.
they don't give 2 shakes what's on it
that will not make them money. Most have gone into
the Entrance Fee thing to Use their Land.
the smaller & Friendlier ones will just say
"If you find a Treasure We Split it "

the Others just Say Pay me $$$ for permit
& You can Detect

IF I Pay $100.00 to Detect Land What I Find is Mine.
only Theft would be if I Took Minerals or Items
you Wouldn't expect to Find while Detecting (Treasure Hunting)
so if it is this type of land,
Pay the User Fee & Enjoy Hunting.

honestly your Own Decisions have to be Made.
& Kept to Yourself if You feel
you will Be Judged for it By Anyone Here.
in most cases I would Just ask to Detect
& Decide After I Find the Treasure.

Unless you Need to Bring in Heavy Equip.
or "Dig a Outhouse" if
you find one no extra Details are needed
Yet.

[ivan salis]

if one thinks a cache is on a bit of land * owned by another person ---approach the land owner say to him -- you own the land true ---but I know the what and where and got the equiptment and know how to find it --so lets partner up --and sign a legal binding deal in writing . be sure it has a clause that if cuts off access to you after you begin searching and later finds it himself that you still get a cut for your "information" advanced to him.

otherwize you run the newbie surprize * --he lets you on the land --sees roughly where your hunting at then "shuts" you out -- in effect hes got the basic general ideal of where its at now and no longers "needs" you --you screwed yer self by not having a written deal.-- if he finds it now on his land you got no case --its just"tough"

[jeff of pa]

the actual answer to your title
Can you stake claim for buried treasure on private property?
probably
not 100% Legally unless it was an accidental find.
and agreed upon by all parties involved.

unless it's your private property. THEN
Smith & Wesson Says You Can

otherwize you run the newbie surprize * --he lets you on the land --sees roughly where your hunting at then "shuts" you out -- in effect hes got the basic general ideal of where its at now and no longers "needs" you --you screwed yer self by not having a written deal.-- if he finds it now on his land you got no case --its just"tough"

If this is the Fear,
& there is no set Time,
& He wants to watch,
Use Deception.

Spend the First Few days on the Exact Opposite
Part of the Land. & Spread out slowly towards
the true expected location.

[Connecticut Danny]

Life is tough. It took me over ten years to get the owner with a back hoe to dig for pirate treasures in Connecticut. We did not find it, but, I am sure that the treasures is there. Get it in writing.

[Connecticut Danny]

What is the latest news?

[idigdirt]

Kentucky Cache hunter is wise as only a cache hunter should be! Get in, get out, and keep your mouth shut. If you want to have any success in this line of work you've got to make the property owner think your a harmless nut just lookin' to find a few pennies and have a good time. Don't put any fuel on his fire or he'll blow up on you....

[Connecticut Danny]

I agree with #14.

[Tuberale]

I was wondering what my brother and I could do if we have a really good idea that there is buried treasure on this piece of property, but the owner, after giving us a small amount of time to look for it, is done with us? Can we stake a claim or what would be our next move?

Seems to be several questions here. Let's answer them in order.
1) I was wondering what my brother and I could do if we have a really good idea that there is buried treasure on this piece of property ...
You could try to buy the property. That would likely make the property owner alert.
2) ... but the owner, after giving us a small amount of time to look for it, is done with us?
Sounds like there's some ill-feeling here towards you from the property owner. What did you do to provoke such a response?
3) Can we stake a claim or what would be our next move?

A mineral claim cannot be made on private property.
So it looks like your only option is buying the land or moving on.

(Sorry about my use of yellow to highlight: doesn't show up well. Have modified.

[mts]

I think what most of you are missing is that the OP "thinks" there is a cache on the property. The owner already let them look for it and they couldn't find it. They were given a "short" amount of time to try and find it. This could be 1 hour or it could be 1 month. It all depends on your perspective. The owner probably believes there was never any cache to begin with and doesn't want to waste any more time with people who are chasing phantoms.

You can't lay claim to a phantom treasure. Countless people every year come on here talking about how they know exactly where a treasure should be but they never find it. If these people could stake a claim based on their hunches then we'd have backhoes digging up every yard in the state. And the only thing that would be found is humble pie.

It's a chicken and egg problem. No one is going to let you lay claim to a treasure that you can't prove exists. And the only way to prove that it exists is to locate it and dig it up. :P

[Mackaydon]

Whatever agreement you may get, get it in writing.
Otherwise, memories of verbal agreements can fade quickly when treasure is found.
Been there, and have the T-shirt to prove it.
Don.......

[Connecticut Danny]

NO....