GAINING PERMISSION TO HUNT RELICS

I received an email from a gentleman detailing problems he had had with a landowner who had given him verbal permission to hunt relics with a metal detector on his property. Once the relic hunter began unearthing bullets and buttons that had been dropped by soldiers during the War, the landowner decided to terminate the digger's right to hunt. There's wasn't a lot he could do about the property owner's decision, nor did he desire to take any action. After all, the relics on the property rightfully belonged to the owner of the land. That the owner went back on his word is little justification for anger or vengefulness.

Verbal agreements carry little weight in court. Written agreements are more enforceable - and they offer some protection to the landowner as well as the digger. In my book "How to Hunt Treasure" there is a very simple sample form similar to what I have used in the past to forge an agreement with a landowner for the purpose of hunting relics. To quote the book:

"For the purpose of gaining written permission to hunt property, or to lease it for the purpose of hunting relics, you may wish to consider the following forms. In no way should they be considered legal documents that protect both owner and lessee/permittee from liability for injury or death; they are merely forms I have used as simple contracts between me and the owners of property that I wish to hunt. The provisions may be modified as desired.

"A word to the wise, though. Some property owners turn squeamish when asked to furnish permission to hunt in writing, and may even retract an earlier consent. It’s been my practice, then, regardless of the legalities involved, to proceed to hunt property for which I have only verbal permission. Sure, it’s better to have it in writing. In fact, I believe some states require it. In the end, you’ll have to use your own judgment."

Sample Permit to Hunt Relics

Date: ___________________________

I, _________________________________________, owner of property (Owner) hereafter described ______________________________________________________________ give this date permission to _______________________________________________(Permittee) to locate and dig relics thereon. This permission extends to _________________________ (date).By signature below, Permittee agrees that 1) Property owner is not liable for injury or death, loss of property, or for any other misfortune that occurs as a result of Permittee’s use of the property. 2) Property and structures or vegetation thereon will in no way be injured. No holes will be left. Property will be left in as good or better condition as found. 3) Other provisions: ______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________.

Owner _____________________________

Permittee ___________________________

Sample Lease Agreement

Date: ___________________________

I, _________________________________________, (Owner) for the sum of $ __________do hereby lease the following property ______________________________________________________________ ___________________________________________________________________________for these dates:  From _____________ To _____________ to _______________________________________________ (Lessee) for the purpose of locating and digging relics. By signature below, Lessee agrees that 1) Owner is not liable for injury or death, loss of property, or for any other misfortune that occurs as a result of Lessee’s use of the property. 2) Property and structures or vegetation thereon will in no way be injured. No holes will be left. Property will be left in as good or better condition as found. 3) Other provisions: ______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________.

Owner _____________________________

Lessee _____________________________

I am of the opinion that the latter form, where a sum of money changes hands, would better ensure a hunter's rights. It's a contract that would probably be legally recognized. However, were I confronted with a landowner determined to remove me from his property, despite any written agreement I would walk away.