verbal or written ?

Please post all topics here related to the research and gaining finding permission to metal detect.
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Roger Goodier
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verbal or written ?

Post by Roger Goodier » Thu Sep 06, 2018 7:14 pm

Can some one say is verbal permission enough in law when there is a valuble find or should all permissions be written .Just had a problem with owners who say I did not have permission to be on .fortunatly There were 2 witnesses when permision was granted.



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bryan162
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Re: verbal or written ?

Post by bryan162 » Thu Sep 06, 2018 7:57 pm

Roger Goodier wrote:
Thu Sep 06, 2018 7:14 pm
Can some one say is verbal permission enough in law when there is a valuble find or should all permissions be written .Just had a problem with owners who say I did not have permission to be on .fortunatly There were 2 witnesses when permision was granted.

Always written never trust anyone its protects you and the landowner, i have been stopped twice by the police asking to see my permission and the estate manager when phoned said i did not have permission. If i did not have the contract on paper i could have been in trouble(new estate manager didn't know i had permission from the landowner)

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Re: verbal or written ?

Post by watermouse » Thu Sep 06, 2018 8:37 pm

definitely written contracts..if they agree verbally then there should be no issue signing one a bit later if you didn't have one to hand at the time

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Re: verbal or written ?

Post by Saffron » Fri Sep 07, 2018 1:21 am

Verbal is good enough in law.

But if you knock on a farmers door and he gives you permission you probably would have no witnesses to prove it so if they were unscrupulous it would be just your word against thiers.

With some landowners the idea of a written contract would result in an immediate "NO" to your request to detect while the good old fashioned handshake would be a "YES".

I have nothing in writing with any of my landowners. But what I do when I get a permission is to send them an e-mail thanking them for very kindly letting me detect thier land, and repeating that I am a member of the NCMD and fully insured and follow the code of cconduct, and providing a link to the NCMD website.
This is NOT done so that I have proof but as a "thank you" and to show I am a responsible detectorist. Out of curitesy I also give them updates of what I have found (normally very little!)
But in the worst case it would be evidence that I had the permission.

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Re: verbal or written ?

Post by Moxey » Fri Sep 07, 2018 10:42 am

Having been duped twice by verbal agreements. I would certainly recommend a written agreement.
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Re: verbal or written ?

Post by skythepig » Fri Sep 07, 2018 1:10 pm

Have to say I already knew the farmers in my area long before I asked permission. When I asked they weren't interested in signing any forms and were happy on a handshake.
They just laughed and said they didn't expect me to find any thing which so far is proving right but I live in hope.
If I see any of them I give them an update on finds to date (mostly farming junk) and at end of year take along pictures of finds and a nice bottle of port as a thank you.
I suppose the proof in the pudding will be if I find something valuable. :;@
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Re: verbal or written ?

Post by Bottlecapking » Fri Sep 07, 2018 1:16 pm

I have one permission, which is my largest, and that is written and signed.

My other permissions are all smaller and verbal, although I always text the land owner before I arrive, when I leave, and following up with an account of what I found. I therefore have electronic copies of all correspondence, which would go a long way to providing proof that I had permission.

I think my farmers must be fed up of text about horseshoes, bullets, cans, grotty coins and of course bottle caps x;
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Re: verbal or written ?

Post by Roger Goodier » Sat Sep 08, 2018 12:12 pm

Thanks BTKing ,that's a good suggestion.I think I've sorted the issue for now having reported to my local FLO. and had a meeting with the landowner who remembers giving a verbal but has now issued an email stating no further detecting until FLO advises procedure. I'll report back in a later post.

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Re: verbal or written ?

Post by Roger Goodier » Sat Sep 08, 2018 12:15 pm

Thanks BTKing ,that's a good suggestion.I think I've sorted the issue for now having reported to my local FLO. and had a meeting with the landowner who remembers giving a verbal but has now issued an email stating no further detecting until FLO advises procedure. I'll report back in a later post.

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