It’s not just gold that glitters: treasures are being redefined
Many hobbies that started during lockdown have since fallen by the wayside, but one that is gaining traction is metal detecting. Possibly related to the popularity of television shows such as: Detectorists And whoever finds it may keep itThe number of active detectors is increasing, which is accompanied by an increase in treasure discoveries. There were 1,378 reported finds in 2022.
Following recent reforms to the legal framework surrounding treasures, it is worth reconsidering the rights, restrictions and responsibilities associated with gold mining, as well as the considerations for landowners when contacted by detector specialists wishing to search their land.
What is treasure and who does it belong to?
From the introduction of the Treasure Act in 1996 until last year, whether an object was legally classified as treasure depended on its age and precious metal content and whether it was found with other items considered treasure.
By and large, finders are generally not keepers: the treasure belongs to the crown. It is a criminal offense for a treasure hunter to fail to report it within 14 days, and museums are allowed to purchase treasures found, although the finder and/or landowner often receives a reward. Finds that are not treasure discoveries usually belong to the property owner unless they have previously made an agreement with the detectorist.
An expanded definition
Concern about the limits of the definition of treasure was raised after several historically important artifacts that did not meet the treasure threshold were “lost” to the nation. An example is the Crosby Garrett helmet, one of only three Roman visored helmets discovered in Britain. Because it contained a copper alloy and was not found with other treasure items, it could legally be sold at auction to a private bidder in 2010.
This led to the definition of treasure being expanded in July 2023. “Treasure” now includes metal objects that are at least 200 years old and provide “exceptional insight into an aspect of national or regional history, archeology, or culture” because of their rarity, location, or association with a particular person or event.
Whether the subjectivity of this new “meaning-based” definition will prove problematic in practice remains to be seen, but it is expected to facilitate the preservation of the country’s culturally valuable artifacts while better reflecting general acceptance of what constitutes treasure .
Considerations for landowners
Detector hunters need permission from the landowner to hunt for treasure on their land. There are several benefits for landowners in allowing responsible treasure hunting: unearthed items can help paint a picture of a property’s heritage, a fee may be charged, and landowners are usually entitled to a share of the reward. Active engagement by landowners can also prevent “nighthawking”: the search for and removal of items from land by unauthorized nighttime detectors. A suitable one-page treasure hunting license may cover:
- The defined area that can be searched and when,
- The detectorist’s responsibilities related to the excavation, recovery and compliance with relevant codes of conduct,
- The circumstances under which the contract can be terminated
- Sharing any reward and
- Limitations on the liability of the landowner.
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
© Farrer & Co LLP, February 2024
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