Liability while digging on private property

ROCKETMAN

Hello MDr's!!! Happy New Year! My friend and I, both pretty much rookies to the hobby still, are going to ask permission to dig on private property. We have dug most schools and parks in the city and are anxious to access land that has not been detected. We have read on this board that its best to have a letter releasing owner of any liability while we dig the property. Does anyone have such a letter? I know many of you have dug private property before and probably already use such a document. Any help or advise in obtaining one would be appreciated!! This property was built on in 1908! We are hoping to find are 1st Silvers and/or 1800's coins!!!!!!! Thanks and good hunting in 2008!!!!! Rich

millennium

I don't have an actual agreement.....a lot of property owners are turned off by that. I know it helps to protect you and the owner, but in reality I have found it's a turn off to the property owner..I just tell them I will give them all personal items, jewelry etc....if I can keep all coins.

ricko

I just ask permission.. give them a copy of the 'creed'... (i.e. fill all holes etc.) and promise them anything of significant value. Cheers, RickO

Zot

I'm in Sir millennium's camp: No paperwork. I get to keep the coins, owner gets everything else (after I get to take pictures if it's something nice )
If I don't find silver or particularly old other coins, I usually end up giving away the coins too. Saves me cleaning and storage hassle, and makes sure the owner is pleased even if (or rather when) I didn't find that old treasure chest they were hoping for...
If they appear hesitant about digging, I show how I dig a hole to show that it doesn't leave marks.

DesertRat

Your typical "release of liability" is not necessarily always going to hold up because it all depends on the circumstances involved. Let's say you provide the owner such a release but while digging you are seriously injured because the owner failed to advise you of a dangerous hazard (open well, vicious dog etc...) you would still have recourse and the release would not likely hold water.

This is similar to when you have a valet park your car and he hands you a ticket that has big block letters saying "READ THIS!!!" "THIS LIMITS OUR LIABILITY" etc.. As long as your vehicle is in their care, custody and control, they are 100% responsible for it regardless of anything written on the ticket. They give you those tickets in hopes that if something does happen you will not file a claim because you believe you have waived your rights.

I think you will find more often that the owner may want you to prove to him/her that YOU have liability insurance in case you cause damage to their property as opposed to the other way around.