Where do i stand ?

[SOD1971]

Hi all,2 years ago i was fortunate enough to find a hoard of 26 hammered coins of Elizabeth 1st and James 1st/6th whilst on a club dig. All was going smoothly until the museum that was set to purchase them pulled out at the last minute and i received an e-mail saying they would now be offered to the landowner. After 28 days the farmer had made no claim on the coins so would be returned to me. I am now in possession of the coins but the farmer has now been in touch to talk about what we are going to do with them, .The main problem is that we are having a rally on his land this weekend and he also has plenty more land he want's us to detect. My flo wasn't able to help on where i stand as regards the farmer having the 28 days to make his claim. I thought that as he didn't make a claim that the coins are now mine but now i'm not sure. Has anybody had similar happen to them or offer any advice???

[Alan Black]

I think technically they are now yours, but it just depends if you want to keep the farmer sweet by coming to some mutual agreement?

[liamnolan]

I agree with Alan. Legislation, rules, agreements etc ... at the end of the day its best to just go 50/50 with the landowner. Its simple, honest and easy for all sides, allowing each side to move forward. I hope all works out well for you, Liam

[mrmallard]

You’ve had what I would say is the best advice but failing that, what agreement did you enter into before the find was made? We don’t need to know but you should be bound by it.

[oldartefact]

Hi all,2 years ago i was fortunate enough to find a hoard of 26 hammered coins of Elizabeth 1st and James 1st/6th whilst on a club dig. All was going smoothly until the museum that was set to purchase them pulled out at the last minute and i received an e-mail saying they would now be offered to the landowner. After 28 days the farmer had made no claim on the coins so would be returned to me. I am now in possession of the coins but the farmer has now been in touch to talk about what we are going to do with them, .The main problem is that we are having a rally on his land this weekend and he also has plenty more land he want's us to detect. My flo wasn't able to help on where i stand as regards the farmer having the 28 days to make his claim. I thought that as he didn't make a claim that the coins are now mine but now i'm not sure. Has anybody had similar happen to them or offer any advice???

First of all no hasty responses.
I would suggest to the land owner (next week) that you go for an independent valuation.
Alternatively offer him the lot FOC.
Hope that helps
Keep your club in the loop.

[oldartefact]

You’ve had what I would say is the best advice but failing that, what agreement did you enter into before the find was made? We don’t need to know but you should be bound by it.

Clubs are often not that good at contracts ... though if in doubt the 50:50 rule applies.
When a club obtains permission ... contracts sometimes go out of the window .. in favour of "Happy Days"

[theoriginalfatcat]

Surely a 50/50 split is the fair thing to do in this case.

All the other stuff like further digs and 28 days are just clouding the issue.

[sweepstick47]

Absolutely no question in my book, it's 50/50! Just forget about the 28 days claiming time, simply discuss it with the landowner, then jointly decide whether to keep the coins and share them with the landowner or agree to sell them (through a 'known' dealer) and split the proceeds 50/50. That's my ethics Cheers Eric

[Mega B]

If it was on a club dig and the club had a usual 50/50 agreement with the land owner then surely you keep 50% and then the landowner gets 50%.....keep it simple rather than making it complicated.

You have not mentioned what agreement the club had with the owner of the land,just because the museum does not want to purchase them,you still have to carry on with the agreement that was setup by the club.

[KevinB]

I think technically they are now yours, but it just depends if you want to keep the farmer sweet by coming to some mutual agreement?

There is your answer.......I would put the ball in the farmers court and ask him what he wants to do he might not be bothered and say you can keep them or maybe 50/50 split. Either way good luck and let us know the outcome......

[mrmallard]

How this is handled aside, I can’t find anywhere that says if the landowner doesn’t object within 28 days to the find being returned to the finder that it transfers ownership.
I would be surprised if that is the case or that the coroner has the power to do that.
Thoughts?

[geoman]

Having been disclaimed by the Crown and being of no interest to the museum i would suggest they remain the property of the landowner hence the attempt to return them to the owner of the land. There is an issue that they did not choose to claim them and perhaps they are looking to a 50:50 agreement.

Your permission to detect their land as a part of the club event allowed you to use your detector to find items of property that belong to the landowner. If the club had an agreement on any finds then you need to discuss that with the landowner. However to maintain good relations and secure future access be realistic in discussions on what to do with the coins. If the landowner wants to keep them all or the best of them then go with that. The last thing you want them to say is " dont come back on my land again" !!! Be prepared.

[MarkTS]

Approach the land owner and get their take on the finds. Personally id go for a 50/50 deal.....

[MarkTS]

Oh...and i certainly would not upset the farmer....word gets around and believe me within a couple of days farmers in the vicinity would close ranks and before you knew it all club digs would be cancelled due to the farmers denying access to their land !

[jcmaloney]

Reverts to 50/50 or the Clubs contract (if they have one that is..............!!)

Initially I would offer him all the coins and see what he says........

If he prefers cash then either buy him out, based on the provisional valuation if you have it, or auction them and go 50/50.