English law requires the reporting of treasure finds to the coroner, who determines ownership. To qualify as treasure, an item must contain at least 10% precious metals and be over 300 years old. Finders are compensated if the Crown claims the treasure. Failure to report a find has legal consequences.
Many countries have strict laws governing the discovery of treasure. These laws are designed to ensure that valuable archaeological artifacts can be acquired by national museums and studied, rather than vanishing into the antiquities market. In countries with thousands of years of history that include many cultures, such as England, the law regarding the discovery of treasure is very specific. Law-abiding treasure hunters abide by the terms of English law, because they are allowed to keep certain items and are compensated for items taken by the Crown.
Under English law, when someone dies without leaving a will, their property passes into the ownership of the Crown. The same is true with treasure. If the hoard has obviously been buried or secured, it must be turned over to the Crown when discovered. If, on the other hand, the property is lost, it belongs to whoever finds it. When someone discovers treasure, he is obligated to report the find to the coroner, who is responsible for determining who owns the treasure.
To qualify as treasure in England, something must contain at least 10% precious metals, such as gold or silver. It must also be over 300 years old. Prehistoric artifacts made from base metals are also considered treasure. A hoard includes two or more items from a single hoard. For example, two gold coins are a hoard, as is a collection of copper Celtic dishes and utensils.
When treasure is found, items are typically left in place while a coroner is called to document the scene and remove the items. Items are taken into temporary custody while property rights are determined. While in custody, the treasure is typically studied, documented, and valued. If it is decided that the treasure belongs to the Crown, the finder is offered compensation and the pleasure of knowing that his find is of historical importance. If the treasure belongs to the finder, there is ample documentation of the artifacts, thanks to the studies conducted on it.
Treasure hunting in England is a popular pastime, due to the plethora of artifacts that can be found. Some groups conduct guided treasure hunt tours, allowing visitors to search for treasure under the guidance of professionals who are also well versed in the law. In many cases, a farmer or gardener unearths a treasure, quite unintentionally. Whether it’s a professional treasure hunter or an unwitting gardener, failure to report a treasure discovery to the authorities will have legal ramifications.
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