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Thread: Denied access to construction site-advice?

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  1. #41
    May 2008
    GARRETT GTI 2500, Garrett Infinium
    519 times
    All Types Of Treasure Hunting
    Quote Originally Posted by PYRATE View Post
    I have a very firm grasp of RE/property law in a dozen plus states, have full respect for business activity/construction projects and sometimes even wear the white hat myself.

    The reason I advise against asking a PM, GC or supervisor of any type is because rules are rules and with every company I've ever worked, the rule has always been to never give anyone permission to do anything.

    The unwritten rules are different and we'll often look the other way if someone appears to be harmless and stays out of the way.

    My advice in an earlier post was solid and included staying away from busy sites and never getting in anyone's way. Respecting the property and project was implied and shouldn't require discussion as it is a matter of common sense.

    Regardless, it completely acceptable under the law to obtain permission from anyone working on a site because (unless specifically stated otherwise) when someone is given permission or hired to be on a property they are also given the authority to allow others onto the property.
    Well, I've been around the block on construction sites myself for about 40 years for a living and profession.

    I don't think that 'anyone' has the authority to grant you access to the site, and it may be a legal problem for them, as well as you. I was actually in a legal situation like this years ago with a District Attorney, and it hinged on 'reasonable' belief on my part that I had valid permission from someone that had the authority to give it. I think that it's pretty obvious that a laborer doesn't have that, and good luck with that with the DA.

    We haven't talked much about the ethics of our hobby, but if I knew I was not being straight up with folks, I wouldn't do it.
    Last edited by Bum Luck; Jul 29, 2012 at 10:55 AM.
    "A casual stroll through the lunatic asylum shows that faith does not prove anything." Friedrich Nietzsche

    "You ask where I live. I cannot tell you. I am a Voyageur, a Chicot, sir. I live everywhere. My grandfather was a voyageur; he died while on a voyage. My father was a voyageur; he died while on a voyage. I will also die while en route, and another Chicot will take my place. Such is our course of life."

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  3. #42
    Jun 2012
    South Jersey
    Whites IDX Pro
    108 times
    All Types Of Treasure Hunting
    Bum Luck is absolutely correct:

    "I don't think that 'anyone' has the authority to grant you access to the site, and it may be a legal problem for them, as well as you."

    In legal/court/contract situations, only certain people who work for X company have the authority to make decisions/sign documents etc. If permission is given or a document/contract signed by anyone other than those with authority, not only is the permission or document void, but the person who gave permission or signed can be held liable. Depending on the circumstances, liability could be as "simple" as that person losing their job or having a lawsuit drawn against them by X company and/or the other party. In any case I certainly would not want to be the one to start such a storm just because I wanted to hunt a site so badly.
    I would rather be the man who bought the Brooklyn Bridge than the man who sold it ~ Will Rogers

  4. #43
    Charter Member

    Nov 2006
    N.E. Ohio on lake Erie
    ** I use only top name brand detectors *****
    991 times
    All Types Of Treasure Hunting
    Well all i can say about this.........is........ that you were denied access........ So that means you can not go in there .. And there is nothing we can do about it and nothing you can do about it......... End of story...........
    "...Let no one know what,were or when..."

  5. #44
    Charter Member
    Come out from under your bed today...... DO SOMETHING!

    Jun 2008
    Yarnell,AZ and Titusville,FL
    Right now: Garrett GTA 500, ACE 250, Fisher Impulse 8, Gold Bug 2, Whites GMT, Vibraprobe 570, and Falcon MD20
    1428 times
    Coinshooting, Gold prospecting, and Nuggetshooting
    Honorable Mentions (1)
    Ask for the GC.... General Contractor. He is "the voice" of the owner. I don't know if this was mentioned. I did not read all posts in entirety. TTC
    At home the ground was covered with snow, and I was covered with sweat. My younger brother called me a killer and my daddy called me a vet. Still in Saigon. Charlie Daniels Band


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