You never know about people

[lenjsr]

I was on a site that was bulldozed and had no postings in Tucson the other day, I had hunted it several times before and found no coins. It has a lot of slaw and junk in it. In one area I changed up my settings and went extremely slow, I hit 4 wheats in a row in a small patch. Now starting to fell like silver is coming.. Well I hear yelling and turn around and an older lady is yelling at me to get off the property, I politely complied immediately. I tried to talk to her but she would have none of it. So I moved to a location up the rd I had permission to hunt. wheats were all 40's and 20's.


I am there about two minute's and a pickup pulls up and I here someone again, I turn around and it is an old gentleman. He signals me to come over and I comply, He asks what I was doing on his property (the one she told me to get off), I explained to him I was just looking for old artifacts and that I did not see any postings. He asked if it was a hobby, I told him yes I just like to find old buried history. He told me he was in a dispute with his neighbor over the property line and his sister thought I was surveying the location.

I again stated my purpose, he was interested in the hobby. He asked me what type of things I find and I told him of them. I then asked him if he would mind if I went back, He was hesitant so I gave him a business card I have for metal detecting and told him if he thinks about it and decides I can give me a call. So we talked about history and he told me of the one old building near the site being an old train station that Wyatt Earp once was in. He then asked me if I would take a trip with him to locate a buried cashe his great grand father buried when the confederate army approached.

He is going to go over his papers and call me to take the trip.. what the heck why not.. He is very storied and has a long past in AZ, his family was well connected to DC politicians in the early 1800's ..


I think he will let me back on eventually, SILVER is calling

 

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[aa battery]

yes it sounds good but next time tell them you will share wat you find sometimes that works

 

[Silver Simon]

So I'm confused, are you saying that you thought the area you were detecting was public land, when in fact it belongs to those people you spoke with? And by postings, are you referring to "private property" or "no trespassing" signs?

 

[lenjsr]

No it was not public land it appeared to be abandoned and is in a distressed area. As for posting no signs saying anything about private property or no trespassing. NOTHING. The previous structures had been bulldozed.

 

[BigWaveDave]

that is a great way to roll... turning a negative into a positive! hope it works out for you!

 

[Silver Simon]

No it was not public land it appeared to be abandoned and is in a distressed area. As for posting no signs saying anything about private property or no trespassing. NOTHING. The previous structures had been bulldozed.

I see, I've only been in the hobby for a year and don't know all the loopholes. I always assumed abandoned property is still private property that is owned by someone, whether that be a corporation or bank, and it is still trespassing even without any signs posted. There are countless properties in my area that have no signs posted and no structures, so does that mean I have a legal right to metal detect on that land?

 

[AQUA]

None of the land around here is posted... but doesn,t mean it is open to detecting.

I know we are doing a harmless hobby ... but there is a lot of people who can,t stand to think that you might something valueable... bothers them.

Besides...it sucks to be looking over your shoulder all the time for an irate property owner...takes the fun outta it.

GL on your adventure looking for the cache !!!

 

[dustytrails123]

Theres no such thing as abandoned property someone always owns the land ...if it be a bank goverment state private someone always ownes it theres no FREE land to be had so you were trespassing

 

[lookindown]

No fence, no signs, bull dozed...I hunt it.

 

[lenjsr]

Not opening a fing pissing match on this. I just wanted to tell a neat story. But all the lawyers need to chime in and chastise

 

[Silver Simon]

Not opening a fing pissing match on this. I just wanted to tell a neat story. But all the lawyers need to chime in and chastise

Didn't mean to start some drama, just trying to determine what situations could end up with a landowner shooting/charging at me. Every negative interaction opens the door for a possible letter to an elected official, and the last thing I want to see is additional legislation against metal detecting.

At least you got a solid lead and/or a possible new detecting buddy in that instance, sounds interesting.

 

[lenjsr]

I do agree with you. With that being said the desert is a strange situation. Not like back east. I agree we do not need anymore restrictions. Most if the people I run into have no problem with giving permission to hunt.

 

[biggmike]

This is Florida law and if I'm reading this right, if there is no structure, signs or fences and you leave immediately if asked to do so then you are not trespassing but I could be wrong....

Title XLVI CRIMES Chapter 810 BURGLARY AND TRESPASS View Entire Chapter [SIZE=-1]810.09 Trespass on property other than structure or conveyance.—(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or 2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass, commits the offense of trespass on property other than a structure or conveyance. [/SIZE]

 

[l.cutler]

If you are on a property without permission, find something of value and remove it, what are you guilty of?

 

[biggmike]

If you are on a property without permission, find something of value and remove it, what are you guilty of?

The only thing I can think of that you would be guilty of is making me jealous.

 

[lookindown]

Correctumundo...if the law wasn't written like that, you could have someone arrested for walking up and knocking on your door...they were on your property without permission so they were trespassing, right?...WRONG...its not as simple as some people thought...think about it.

 

[dustytrails123]

Well heck guys i guess hunting random peoples yards without asking is alright to do then

 

[biggmike]

Well heck guys i guess hunting random peoples yards without asking is alright to do then

If there is a structure on it then it's a different deal. We're basically talking about an open field or land that isn't posted or fenced. Personally I think you should try to get permission if possible but we're talking about TRESPASSING here not what someone thinks is right or wrong.

 

[lookindown]

Well heck guys i guess hunting random peoples yards without asking is alright to do then

Didn't say it was alright and didn't tell anyone to do it...where did you get that idea?

 

[Tom_in_CA]

I agree with those who would hunt vacant lots. (especially yummy old-town ones where an old structure was just dozed off). And no, that is not akin to helping oneself to someone's turfed front yard of standing homes. Not the same mental mindset . Oh sure, if you want to get *technical*, sure, you have to ask permission to step off the sidewalk anywhere in the world, I suppose. Heck, the minute you leave your front door in the morning, you're on "someone else's property".