Detecting agreement /contract with landowner

[micwhisman]

Do any of you have detecting agreement /contract documents you give or present to the landowners?

I was thinking of drawing something up but wanted to see some examples.

 

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[can_slaw]

I put one together that outlines their release from liability should I be injured while on their property. It also outlines my obligation to keep my holes neat and clean, and their property with less trash on the surface than when I arrived. For the finds, it states we split all gold bars 50/50, but I keep the rest. I always bring with a sampling of past finds, which seems to curb the curiosity of what's usually in the ground. I also offer to return any lost items (rings and such) that are clearly described before they are found. I have them sign, and I sign. I also leave my cell phone number on the sheet, so they feel they can contact me in the future, should a problem arise. This document came at the recommendation of a fellow TNETTER at the end of last year. It has gone a LONG way to helping get permission much easier.

 

[littlehugger]

I see this and my first thought is whether it will help. Drafting up a signed agreement seems to elevate something casual to something serious. If I were Joe Homeowner, I would really wonder whats going on here that I am missing?
I do not have much experience at all at this, but I would underplay it rather than overplay it. Although the liability waiver is a good idea.
My house is 88 years old now, and I have never thoroughly searched it. I did find a nice sterling ring. My first priority is a friend who just bought a home that pre dates the Civil War.

 

[can_slaw]

I see this and my first thought is whether it will help. Drafting up a signed agreement seems to elevate something casual to something serious. If I were Joe Homeowner, I would really wonder whats going on here that I am missing?
I do not have much experience at all at this, but I would underplay it rather than overplay it. Although the liability waiver is a good idea.
My house is 88 years old now, and I have never thoroughly searched it. I did find a nice sterling ring. My first priority is a friend who just bought a home that pre dates the Civil War.

It seems to have helped me so far. Year one, I received a lot of questions about the "what if's" and "then what's", which led to more "no's", I am guessing partly because of my uncertainty in the answers. This has made me seem much more confident in what I am doing, and given the homeowner peace of mind that I am not going to try and pull anything while on their property. I am sure parts of mine go overboard, but I tried to incorporate the past questions into one document. For me, it has worked wonders thus far.

 

[can_slaw]

Also, it helps to clarify that I do not door knock typically. I am researching specific property, most with a lot of past local historical significance. Most of the owners are aware of the history, and their minds have spent years imagining what is under their soil. This is why I feel I may have been asked the questions I have been asked.

 

[Tom_in_CA]

I see this and my first thought is whether it will help. Drafting up a signed agreement seems to elevate something casual to something serious. If I were Joe Homeowner, I would really wonder whats going on here that I am missing?....

Exactly.

The mere fact of putting a contract in front of a total stranger to sign, is the FASTEST way to get a "no". It only conjures up images of legal hassles, blah blah blah

A handshake, a big smile, and a verbal "go ahead", is all you need.

 

[G.A.P.metal]

Exactly.

The mere fact of putting a contract in front of a total stranger to sign, is the FASTEST way to get a "no". It only conjures up images of legal hassles, blah blah blah

A handshake, a big smile, and a verbal "go ahead", is all you need.

I agree
I own 50 acres with one 1818 cellar hole site ...you show up smile and ask nicely you can hunt Game or Coins and Relics .
I will not sign anything you have...just sounds like to much "Legal Crap" for me... to involve myself and my land to.

 

[can_slaw]

I agree
I own 50 acres with one 1818 cellar hole site ...you show up smile and ask nicely you can hunt Game or Coins and Relics .
I will not sign anything you have...just sounds like to much "Legal Crap" for me... to involve myself and my land to.

What works for one may not work for all, true.
It works for me in my area, and was used to obtain many more "yes" answers since the "what happens if you fall on my property?" question came up more often than it didn't.
I will continue to use it, but I see your point as to it elevating the situation in certain cases.
But no one yet has said no after seeing it. They gladly put the liability back on me, and let me on their property to do my thing.

 

[Tom_in_CA]

What works for one may not work for all, true......

By all means: If the home/property owner THEMSELVES asks for a contract, then sure: Give them one. But if not, don't pull one out. Because to put a contract in front of a total stranger to sign (if they didn't mention it or ask for it), is the fastest way to get a "no".

 

[Honest Samuel]

Exactly.

The mere fact of putting a contract in front of a total stranger to sign, is the FASTEST way to get a "no". It only conjures up images of legal hassles, blah blah blah

A handshake, a big smile, and a verbal "go ahead", is all you need.

Professor Tom. What happens if you dig up buried treasures without a contract? Answer: The land owner will put a gun to your head and take it all. Shame on you.

 

[Honest Samuel]

A contract must be written here pertaining to buried treasures.

 

[can_slaw]

By all means: If the home/property owner THEMSELVES asks for a contract, then sure: Give them one. But if not, don't pull one out. Because to put a contract in front of a total stranger to sign (if they didn't mention it or ask for it), is the fastest way to get a "no".

You speak with such conviction about the way others must behave in the field. I will say it again, "to each their own". My permissions, all of them, are offered my agreement. The original poster asked if people have something similar to the paper he is considering writing. I do. So I am offering up the jist of what I wrote. My current permission is a lawyer, speaking on behalf of his elderly mom who owns the property. Even he does not feel threatened by it. Because it's a one way agreement that gives them peace of mind, and keeps me honest. I believe in showing the land owners what I find. It's just me, and what I do. I believe in filling my holes until they are pristine again. I also believe in cleaning up all loose litter in the yard as I come across it. My agreement states how I will give back to the landowner while I am there, and what I will not do while I am there, like steal gold bars out of the ground, lol. The "contract" as you keep calling it, is very biased towards the homeowner.
So lastly, you do it your way in CA and I will continue my path in WI. Good luck out there, and happy hunting.

 

[Tom_in_CA]

Professor Tom. What happens if you dig up buried treasures without a contract? Answer: The land owner will put a gun to your head and take it all. Shame on you.

Honest-Sam : If my premise is correct, & you get a "no", then you won't be having a treasure in the first place. Eh ? And if you got a "yes", and then proceeded to find some treasure, then you're right: The property owner could indeed say "that's mine". That's a risk you can take. But it beats the heck out of not being able to hunt at all.

Although I haven't found a cache/treasure, I have found lots of old coins @ people's properties, and I have NEVER had any of them say "give me everything". Even after offering them stuff, they just say "keep it".

 

[can_slaw]

I might also add that the majority of my permissions this year are empty lots, where houses and building used to stand until the flood of 1965 wiped out the lower section of my town. These empty lots are very large, and require multiple lunch time hunts to complete. Both so far have had a neighbor come out to inquire about my being there, and the signed agreement has been instrumental in proving that I have been granted access to these sites. These sites have both had homeowners who do not live close by to watch over the place, so this piece of paper says I will not leave it until it looks better than when I arrived. This agreement also landed me 2 more places to hunt with the local Eagles club, since they were very leary at first of letting me on property because of the insurance liability if something should happen to me on site, but my little agreement said I assume all liability for my own well being. We live in a sue-happy society, and my area is no exception. Write one, don't write one, it's really a matter of personal preference.

 

[pepperj]

Professor Tom. What happens if you dig up buried treasures without a contract? Answer: The land owner will put a gun to your head and take it all. Shame on you.

It must be really sad to think that some permission will put a gun to one's head if they dug up a little treasure on the permissions property.
I'm happy to have all my permissions throw up a friendly wave, or stopping and having a chat up when time will allow them.

Being asking permissions for 50 yrs and have never signed or asked to sign a piece of paper to hunt. Tom said it well:

Originally Posted by Tom_in_CA
Exactly.

The mere fact of putting a contract in front of a total stranger to sign, is the FASTEST way to get a "no". It only conjures up images of legal hassles, blah blah blah

A handshake, a big smile, and a verbal "go ahead", is all you need.

The only thing I do ask is: Do you want me to stop in and ask on each return hunt?: It's a 90/10% rate and the 90% say: No that's fine-if anybody asks, just tell them you have permission from me."

 

[can_slaw]

It must be really sad to think that some permission will put a gun to one's head if they dug up a little treasure on the permissions property.
I'm happy to have all my permissions throw up a friendly wave, or stopping and having a chat up when time will allow them.

Being asking permissions for 50 yrs and have never signed or asked to sign a piece of paper to hunt. Tom said it well:

Originally Posted by Tom_in_CA
Exactly.

The mere fact of putting a contract in front of a total stranger to sign, is the FASTEST way to get a "no". It only conjures up images of legal hassles, blah blah blah

A handshake, a big smile, and a verbal "go ahead", is all you need.

The only thing I do ask is: Do you want me to stop in and ask on each return hunt?: It's a 90/10% rate and the 90% say: No that's fine-if anybody asks, just tell them you have permission from me."

A gun is definitely not what I worry about here is small town Wisconsin, but none of the rest of us have experienced life thru another's eyes so I find it pays to listen to each other more than argue.
And I am honestly glad to hear the verbal "yes" and a handshake has worked so well for so many people. It did not for me. Maybe there was past experiences with diggers?
I get the same chat ups and friendly waves as the rest of you, even with the agreement.
It is not "the fastest way to a no" at all properties, driving in with a bulldozer would be much faster.
I have been granted 4 properties thus far this year with the agreement, and have asked for 4.
It's just a scary idea for the ones who are set in their ways, and that's ok.
No one is asking anyone else to write one up, or have the idea added to our shared "code of ethics".
One digger asked the community for ideas on one they want to draft, and some who share his ideals answered the call.
My peace has been said, moving on......

 

[Tom_in_CA]

... put a gun to one's head if they dug up a little treasure on the permissions property.....

haha, now that you mention it, that defies the odds. Since when is "guns being put to someone's head" been an all-fired risk of md'ing ? Sometimes I think md'rs can over-think the risks associated with this. Why is there some sort of assumption of "everyone hates us" and "everyone wants our goodies" ? I actually find QUITE THE OPPOSITE to be true : Passerbys are just curious "what's the best thing you've ever found ?" and "how deep does that go ?" and "good luck" , etc....

Why this assumption of doom and gloom ?

 

[can_slaw]

haha, now that you mention it, that defies the odds. Since when is "guns being put to someone's head" been an all-fired risk of md'ing ? Sometimes I think md'rs can over-think the risks associated with this. Why is there some sort of assumption of "everyone hates us" and "everyone wants our goodies" ? I actually find QUITE THE OPPOSITE to be true : Passerbys are just curious "what's the best thing you've ever found ?" and "how deep does that go ?" and "good luck" , etc....

Why this assumption of doom and gloom ?

You are a blessed individual, and I wish you nothing but the best. Happy hunting out there.

 

[pepperj]

Professor Tom. What happens if you dig up buried treasures without a contract? Answer: The land owner will put a gun to your head and take it all. Shame on you.

It must be really sad to think that some permission will put a gun to one's head if they dug up a little treasure on the permissions property.

Since when is "guns being put to someone's head" been an all-fired risk of md'ing ?

Why this assumption of doom and gloom ?

You'll have to ask Honest Samual of the "gun to the head" theory.Tom

As having the personal view that its pretty ------up situation to begin with having so many running around fearing for their safety. Having to DEFEND THEMSELVES to go out to enjoy a hobby, or having to lay down on the poor critter that lives in the wild, not bothering nobody.

Then again I'm lucky as there's no need to look over my shoulder unless I'm in the same field as a bull, then I'm aware of my surroundings.
Detecting is head down-forget about the rest of the world and just listening to the beeps.

But this not what the thread is about and an apology to the OP for going off track.

 

[Honest Samuel]

It remain me of a email that I received from a young man who info me that he receive permission not written to search for treasure. He had dug up many shopping bags of old bottles, wife comes out, gave him a few bottles and took the rest of many bags of old bottles. Have agreement or you may lose treasures. Shame on Tom.;