What is a fair amount to offer property owners to prospect on their land or creeks?

[crystalpayne]

Ok, I have been looking into some areas to prospect on private land. Before I do I would like yalls input on what is a fair amount to offer them? Would you offer them a percent of what you find, or a flat fee?

Thank you!

 

Amazon Forum Fav 👍

Family Maps of Hinds County, Mississippi, Deluxe Edition - Grab it through Amazon!

[GrizLeeBear]

Usually it s a percentage. I think the average is 50/50. However, I ask for 75%, as I am doing all the work. This gives me room to bargain. Sometimes I get 60%. It really depends on the people. I tell them they have everything to gain and nothing to lose. Sometimes they tell me about a specific item, such as a lost wedding ring and if I find that it is either a freebie ot I tell them if I find it for them anything else I find is mine. Be creative.

 

[maverick41950]

I agree with Griz. Start high and have negotiating room. I normally offer 80/20 but I will admit that I haven't gotten that yet.

Bryan

 

[worldtalker]

Offer nothing unless asked!!!!!!!!!!!! GodBless Chris

 

[bevo]

I agree with wordtalker,speciely when prospecting.What if you dont find anything?or just a small amount.
If and when you do find something thats substantial have a percent worked out before hand,hopefully
sumtin like oh %20.

 

[crystalpayne]

Thank you everyone! I am just going to smile and use that southern charm! ;-)! I don't mind sharing I just want to be fair! But fee is way better!

 

[Oakview2]

If your going to use charm, I would start at 10%. If you watch most of these gold shows, they run 10 to 20 percent. If you run into some good streaks, buy some inexpensive water lockets and chains and give them some extra in the lockets so they may wear and keep some of the gold from their property... JMHO

 

[russau]

whatever deal you make, make sure the owner feels happy/satisfied when your done and gone! that way youll always be welcome back and the owner may even pass the word around about the deal you gave him! it may open a few more doors for you and maybe for someone eles! but what ever happens dont post exact locations of your experiences on the net!

 

[Hoser John]

Sliding scale starting at 15% is my norm--above a ounce a day then 20%---above 4 a day 30-40% dependent on many factors-claim or private, Ease of access,isolated so I live like a animal in the forest, Equipment requirements and number of laborers utilized,many predicating factors-John

 

[goldog]

Chrystal,

It looks like you got some good advise. But its a little unclear to me what it is you are asking. Are you interested in known gold properties, where the owner already knows there is gold? Or are you thinking of prospecting (researching, searching) yourself in a gold bearing area? The owner may or may not even know about the gold on the property.

I'm in the west so it is different here. If you were to ask to work someones claim it would be clear they are aware that gold is present.

 

[crystalpayne]

It would be properties in Gold Bearing areas.

 

[charlotte49er]

Offer nothing unless asked!!!!!!!!!!!! GodBless Chris

AND (That's a VERY big AND!) you have sampled the property and feel that there is a good quanity of gold to make it worth your time!

1st) ONLY the land owner can give you permission to be on his/her property. Renters/leasers have no rights when it comes to gaining access. Even less right when it comes to demanding payment to treaspass.

2nd) Land owners lie! "I know there's gold in my pasture. Just dig it up and you'll find it." After you dig and dig and dig. What have you done? Not found gold, but made it easy for him to go and till it up!

3rd) ALWAYS insist on having a "Waiver of Liability". Why? It protects the land owner if you should get hurt. You can sue him. (You can, but it makes it almost impossible to win.) 3A) If you find something (Gold, Blackbeard's lost treasure, etc) The Land owner can claim you were on his land illegally and therefore everything you found belongs to him. (People get greedy when it comes to money.) Make sure you both has a copy of the waiver as well. (This should be obvious. But again, it prevents he said, she said.)

4th) Make absolutely Sure you know where the owners property ends. Case in point, my friend George. George was metal detecting, (something he has done for many-many years!) George discovered the "Carolina Potato!" A 5 ounce gold nugget! Guess what. Turns out he had strayed onto a neighbor's property he didn't have permission to hunt on. The neighbor came out, took exception to George digging on his property. The neighbor was right. George didn't have permission, which meant everything he found on that property belonged to the land owner. He had to give up his 5 pound gold nugget!

2 copies of waiver I have used:


GUESTS LIABILITY AND INDEMNIFICATION AGREEMENT

________________________________________ (hereinafter referred to as “Guest”) Guest has been given permission to come upon the

_________________________________________property located in

____________________________________ County, ______________ (hereinafter referred to as the “Owners Premises”) operated by _____________________________________ (hereinafter referred to as "Owner").

Guests acknowledge and understand that no warranty, either express or implied, is made by the Owner as to the condition of the Owners Premises. This document is to warn Guest that dangerous conditions, risks and hazards do exist on the Owners Premises. Guest acknowledges that prospecting and other activities on rural property such as the Owners Premises does have unknown hazards and risks and can result in injury or property damage to the person/persons involved in these activities. The many possibilities and sources of injury or damage are acknowledged by GUESTS, and he/she comes on the Owners Premises with full knowledge that hazards and risks exist. As a part of the consideration for being allowed by Owner to enjoy prospecting activities on the Owners Premises, GUEST HEREBY INDEMNIFIES ( RELEASES) Owner from all liability for personal injury (including wrongful death) or property damage suffered by Guest which is caused, in whole are in part, by any activity or condition on the Owners Premises. Guest understands this agreement and has agreed that neither he/she, nor his heirs or personal representatives will be able to sue Owner or his associates for any injury or property damage that Guest suffers while on the Owners Premises.

GUEST INDEMNIFIES AND RELEASES OWNER FROM ALL LIABILITY.

As used in this release agreement, the term Guest/Guests will include any minors in the Guests care while on the Owners Premises. All Guests who bring minors understand the Owner is not responsible for the care or safety of minors. The Guests who bring minors onto the Owners Premises assumes the responsibility for watching and caring for the minor’s safety and guarding against hazards at all times. Guests shall also be held responsible for any and all damages that may occur to the Owners property ‘as a direct result of the Guest’s activities’. It is understood that as a Guest, I will not cause any damage to the Owner’s Premises and that any Guest will carry out any trash that any Guest carries in, and all Guest’s will leave little to no trace of their visit to the Owner’s Premises (All holes will be filled upon departure).

GUEST HAS READ THIS DOCUMENT AND UNDERSTANDS AND AGREES WITH IT. HE/SHE IS SIGNING IT FREELY AND VOLUNTARILY.

DATED________________________________________________________

GUEST(s)______________________________________________________

_______________________________________________________________

WITNESS _____________________________________________________

END OF AGREEMENT





INDEMNITY AND RELEASE OF LIABILITY

I / we, the undersigned, for the privilege of entering on the premises and real property more particularly described as follows:

-------------------------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------------------------

, do hereby release the owners and persons in possession or their agents of the above described premises from any liability whatsoever which any injury whatsoever that the undersigned may incur whether to person or property from entering upon the above described premises and further agree to indemnify and save harmless the owners and persons in possession or their agents from any loss, damage, or expense arising from the claim or demand of any person to or against the owners and persons in possession or their agents of or directly or indirectly as a result of any injury or property to the undersigned incurred upon the above described premises.

I / we also agree to and do state to leave the premises as found when entering there onto. There will be no litter or dug holes left and all gates will be left as found. Any further request by the owners and persons in possession or their agents of the above described premises will be honored.


Signed,


--------------------------------------------------------------------------

--------------------------------------------------------------------------

--------------------------------------------------------------------------

--------------------------------------------------------------------------

Dated: ___________________________________________


END OF AGREEMENT

You may want to sign this for one time, or word it such as it span a specific time frame. (No more than 3 months to start with.)

Explain to him/her the first time is strickly research. You are looking for signs that there is something on their property. You will take nothing with out of there at the end of the day. (If you do discover Blackbeard's treasure leave it buried. Then come back and negotiate a split. If they ask you if you found any gold/treaure. Just say the signs are promissing and agree on a time to come back. Then negotiate coming back and the split.

Put EVERYTHING in writting!

 

[Sportsman]

And make sure the property owner has mineral rights. Laws vary by state but sometimes mineral rights are retained by previous owners depending on how long a person has owned the property.

 

[crystalpayne]

Thank you so much, I will be using this for sure

 

[KevinInColorado]

Charlotte49er, can I have your permission to republish that landowner liability release form elsewhere? Good stuff!

 

[TerryC]

The indemnification form offerred by 49ner is, in an ideal world, a good thing. But in reallity, it opens a whole can of worms that starts with "bonding and insurance". The form doesn't mean squat without the power to hold the owner faultless. And that is not always the case. If you fall down a mine shaft that is not properly marked, the owner IS liable. He may not even know the mine was on his property. A neighbor recently bought 40 acres near Judy's 80. The dozer driver hired to bust his road found 3 shafts the previous owner did not even know were there. Judy's dad bought his 80 in 1955. To this date, she and her kids have yet to cover every foot of the property. About 50% of the place is very rugged and could still hold surprises. Will any property owner sign a form such as 49ner's after talking to a lawyer to find he would still be liable for certain situations out of his control. I think not. The form may help but not always enforcible. TTC