Finding a valuable item.

The pot of gold at the end of the rainbow!

Every so often, someone finds old coins, jewellery, metal objects or other historic items buried in the ground. Some finds may have been lost, hidden for safekeeping, deposited as part of a ritual, or left behind by people hundreds or thousands of years ago.

Some finds can be valuable, but the legal position is not simply "finders keepers". If an object may be a treasure, it must be reported. Ownership, reward and museum acquisition will depend on the Treasure Act rules and the facts of the find.

What Is Treasure?

Treasure is legally defined. The rules apply in England, Wales and Northern Ireland. Scotland has a separate treasure trove system. Under the Treasure Act, treasure can include certain gold and silver objects, groups of coins, prehistoric metal objects and, following later reforms, some historically significant metal objects that are at least 200 years old.

The 2023 Changes

The definition of treasure was expanded in 2023. Some metal objects can now be treasures even if they are not made of precious metal, provided they are at least 200 years old and meet the legal test for exceptional historical, archaeological or cultural significance.

This change was introduced because some nationally important finds did not previously qualify as treasure simply because they were not made from gold or silver.

Gold and Silver Objects

A metal object may be treasure if it is at least 300 years old and contains at least 10% precious metal, such as gold or silver. If a prehistoric object contains any precious metal, it may need to be reported even if the precious-metal content is below 10%.

Groups of Objects

Groups of objects may also qualify as treasure. This can include groups of prehistoric metal objects, coin groups,s or objects originally deposited together. If items are found in the same place on different visits, they may still be treated as part of the same find if they appear to have been deposited together.

Coins

Coin finds are treated differently depending on the number of coins, their age and metal content, and whether they appear to form part of the same deposit. As a general rule, groups of coins are more likely to require reporting than single coins, particularly when they are old, contain precious metal or appear to be part of a hoard.

When Should You Report a Find?

If you find something that may be treasure, you must report it within 14 days of finding it or realising that it may be treasure. If you are unsure whether the item qualifies, it is safer to report it or seek guidance from a Finds Liaison Officer. Failure to report treasure can be a criminal offence.

Who Do You Report It To?

Potential treasure should be reported through the official process. GOV.UK directs finders to report treasure to their local Finds Liaison Officer, who can help record the find and guide the finder through the process.

The coroner is involved in determining whether a find is treasure. The Finds Liaison Officer can assist with identification, recording and communication with the relevant authorities.

Do Not Clean or Damage the Find

If you find an object that may be treasure or archaeologically important, avoid cleaning, polishing, repairing or separating it from associated material. Cleaning can damage evidence and reduce its archaeological value.

Record where the item was found as accurately as possible. The location and context can be as important as the object itself.

Metal Detecting and Permission

If you want to metal detect on private land, obtain the landowner's permission before searching. Ideally, permission should be in writing and explain how any find or reward will be shared.

Searching without permission may amount to trespass and can cause serious legal problems. It may also affect whether any reward is paid.

Protected Sites

Metal detecting is restricted or prohibited on some land, including scheduled monuments and certain protected archaeological sites. Detecting without consent on protected land can lead to criminal consequences.

Before detecting, check whether the land is protected, subject to stewardship rules, owned by a public body, managed by a heritage organisation or covered by local restrictions.

Who Owns Treasure?

If a find is legally treasure, it usually belongs to the Crown, subject to any prior rights. A museum may acquire the object if it is declared a treasure and a museum wishes to obtain it.

If the find is not treasure, ownership may depend on where it was found, who owns the land, whether the finder had permission and any agreement between the finder and landowner.

Rewards

If a museum acquires treasure, a reward may be paid. The reward is usually based on a valuation and may be shared among the finder, landowner and any other person with a valid claim.

The Treasure Valuation Committee can advise on the market value of treasure. The amount paid and who receives it can depend on conduct, permission, reporting and the circumstances of the find.

When Rewards May Be Reduced or Refused

A reward may be reduced or refused if the finder acted improperly. This may include failing to report the find, trespassing, damaging the site, unlawfully removing objects or breaching metal-detecting rules.

Finders should keep clear records, report promptly and avoid any action that could damage the find or site.

Landowner Agreements

Before searching private land, finders and landowners should agree in writing what will happen if objects are found. This should cover reporting obligations, ownership, reward sharing, access, digging, reinstatement of the land and insurance.

A clear agreement can prevent disputes if a valuable or important find is made.

Archaeological Context

The archaeological context of a find can be extremely important. Its position, depth, surrounding soil, associated objects and location can help experts understand its age, use and significance.

If a hoard or significant object is discovered, stop digging and seek professional advice. Disturbing the site may destroy valuable evidence.

Portable Antiquities Scheme

The Portable Antiquities Scheme records archaeological objects found by members of the public. Even if a find is not legally treasure, it may still be worth recording because it can contribute to knowledge of local and national history.

Finds Liaison Officers can help identify and record objects, advise whether a find may be treasure and explain the reporting process.

Finds on Public Land

Finding an object on public land does not automatically mean that the finder owns it. Public land may be subject to byelaws, permission requirements, detecting restrictions or ownership rules.

Anyone searching on beaches, parks, commons, public paths, council land or heritage sites should check the rules before detecting or digging.

Employment and Volunteer Finds

If an object is found while working, volunteering on an archaeological project or searching as part of an organised event, the right to any reward may depend on the terms of employment, project rules or event agreement.

Anyone taking part in organised detecting or archaeological work should check the relevant rules before searching.

If There Is a Dispute

Disputes may arise between finders, landowners, tenants, employers, detectorists, museums or public bodies. These can involve ownership, reward sharing, permission, trespass, damage to land or failure to report.

Legal advice may be needed if a find is valuable, the landowner disputes the finder's conduct, or there is disagreement about who should receive a reward.

When Legal Advice May Be Needed

Legal advice may be needed where a valuable find has been made, treasure was not reported in time, there is a dispute with a landowner, detecting took place without written permission, a reward is disputed or the find was made during employment or organised activity.

A solicitor can advise on ownership, trespass, landowner agreements, treasure reporting, reward disputes, contracts, employment issues and potential criminal liability.

Current Position

If you find an object that may be treasure, report it promptly. The reporting deadline is usually 14 days from the date it is found or from the date it is realised to be treasure.

The law now covers more than traditional gold and silver treasure. Some historically significant metal objects, at least 200 years old, may also fall under the treasure rules. If in doubt, report the find and take advice before selling, cleaning or disposing of it.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. The information on this page is for general guidance only and should not be relied upon as a substitute for advice from a regulated solicitor, Finds Liaison Officer, coroner, heritage body or other qualified professional. Treasure law, heritage rules and reporting procedures can change, and how the law applies will depend on the facts of each case.

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