To Hell With The Witch!

Ricki7 said:

Nice haul and interesting post . I have to question if any burried finds would be considered personal property as the items were lost by unknown persons . All the contracts I have signed , anything that was not included had to be listed . The contract can only be changed by both parties and is in effect at the signing . The property is considered to include above and below ground unless , mineral ,gas rights or anything else is excluded . Since I doubt he stated that he was going to let someone come dig and keep any finds on the property in the contract, he is in the wrong . Think of it this way , the seller signed a contract , the seller , the buyer and you are present at the home you dig up a 10 lb gold bar , who gets to keep it ??

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Gold bar??? what gold bar??? that was just a pretty rock, I'll remove that so you don't hit it with the mower. You'll thank me for it later.

oaktree said:

Beephead, you should have given the agent one of your keychain flashlights as a gift and tell her she could use it like a headlight if she was flying her broom at night

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I'm going to waste a nice keychain light on that sorry person.

SKMKSMetalHead said:

LOL! I second this post!! Beephead congrats on your goodies and I too never tire from your threads sir! It's nice that people have a way with other people and words as you do! Happy Hunting! Thanks for sharing!


MetalHead

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Thanks! I always had a way of convincing people to do stuff and trust me. I guess that's why back when I first got into real estate I became the #1 new home sales man in the mid-south.

Ricki7 said:

Nice haul and interesting post . I have to question if any burried finds would be considered personal property as the items were lost by unknown persons . All the contracts I have signed , anything that was not included had to be listed . The contract can only be changed by both parties and is in effect at the signing . The property is considered to include above and below ground unless , mineral ,gas rights or anything else is excluded . Since I doubt he stated that he was going to let someone come dig and keep any finds on the property in the contract, he is in the wrong . Think of it this way , the seller signed a contract , the seller , the buyer and you are present at the home you dig up a 10 lb gold bar , who gets to keep it ??

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Anything that's attached to the land is 'real' property and all else is considered 'personal' property. The seller's parents bought the house new, so I suspect that any coins or jewelry lost at that site belongs to him.

It's a tough question, but it really doesn't matter because I have plenty places to detect without the all the hassle, also I can go back and detect it before closing or at a later date I can most likely get permission to detect the yard from the new owners.

beephead

In my limited experience, for a Man, I must say, "Wimmen are generally dangerous trouble"... Especially if they are wearing pantsuits...You cant hardly blame them though, its not their fault, they were born that way, and, as a specie, on the average, most Males deserve it.....

But, generalizing here for the good of the Forum, heres some observations: Most Wimmen do NOT like to see a Man enjoying himself and will go to extreme lengths to assure that you dont...

Understanding this, you have to act appropriately, tell lies! Wimmen gobble them up like applebutter! Just look like you are having NO fun at all! "I'm out here doing a quick sweep for Fire ants"..."A bass boat is a good investment" "Shes nothing but an ugly co-worker that I hate"...See?

Lookout though...Wimmen can be very cruel and creative in their revenge if they feel you are the standard Male untrustworthy bastard...They talk amongst themselves and compare notes...They will think and plot for years for their revenge ....Super Glue and knives comes to mind...

Just make sure you appear to be 'having no fun' and everything is 5x5 with them...dress down, dont wear aftershave or jewelry, dont brush your teeth, just be a complete booboo who brings home the bacon and you should make it through OK...Occasionally deploy scatter chaff on incoming missles like Airforce One does!

"Oh Hey! After I pick up the kids from soccer practice and mow the yard, lets all go to the Dairy Queen this evening!" Its a good one!..That alone will buy you a few more days of Life on this Planet.....

I would have handled it differently... I don't care who she is, nor who she represents, tbh. You have 0 obligation to tell her who gave you permission, what you are doing or what you found. I find it bad for the hobby for us to ALWAYS be the nice person and explain what we are doing. Same thing in a park with me. I've been confronted many times in LA's parks and basically tell them to F' themselves. The more we explain ourselves and answering questions, the more people feel they need to challenge what we are doing. I'm a strong willed person and I know how to handle myself in verbal judo with knucklehead people, but the next detectorist that this knucklehead encounters may not.

I want to instill fear in that nosey and self righteous person that thinks they know better than I, so they won't mess with that next person they see detecting. That may just be me though.


Greg

Ricki7 said:

Nice haul and interesting post . I have to question if any burried finds would be considered personal property as the items were lost by unknown persons . All the contracts I have signed , anything that was not included had to be listed . The contract can only be changed by both parties and is in effect at the signing . The property is considered to include above and below ground unless , mineral ,gas rights or anything else is excluded . Since I doubt he stated that he was going to let someone come dig and keep any finds on the property in the contract, he is in the wrong . Think of it this way , the seller signed a contract , the seller , the buyer and you are present at the home you dig up a 10 lb gold bar , who gets to keep it ??

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When a home is "under contract" it does NOT mean "sold to the person in the contract." It just means that all conditions must be met before the sale can transpire. Technically, the house is actually "on the market," too.

Removing personal property (such as coins, buried spoons, rings, and even a buried treasure box) are not prohibited as long as the current owner (who is the CURRENT OWNER) allows it.

Realtors who believe that "under contract" means the house, and everything on the property belongs to the prospective buyer are missing a big chunk of what those words mean. Silly to think otherwise...

Unless the contract specifies that all personal property on the property must remain, the prospective buyer is seriously out of luck.

Skippy

GStout76 said:

I would have handled it differently... I don't care who she is, nor who she represents, tbh. You have 0 obligation to tell her who gave you permission, what you are doing or what you found. I find it bad for the hobby for us to ALWAYS be the nice person and explain what we are doing. Same thing in a park with me. I've been confronted many times in LA's parks and basically tell them to F' themselves. The more we explain ourselves and answering questions, the more people feel they need to challenge what we are doing. I'm a strong willed person and I know how to handle myself in verbal judo with knucklehead people, but the next detectorist that this knucklehead encounters may not.

I want to instill fear in that nosey and self righteous person that thinks they know better than I, so they won't mess with that next person they see detecting. That may just be me though.


Greg

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The next time some nosy person starts hassling you, pull out your cell phone, take their picture, and call the cops on them. Cops don't like people that hassle people who are going about their business, and get paid to make annoying people have a bad day. Be quick, and call the cops first, before they do, 'cause the first caller is seen by the cops as "the good guy". GL and HH!

Skippy SH13 said:

When a home is "under contract" it does NOT mean "sold to the person in the contract." It just means that all conditions must be met before the sale can transpire. Technically, the house is actually "on the market," too.

Removing personal property (such as coins, buried spoons, rings, and even a buried treasure box) are not prohibited as long as the current owner (who is the CURRENT OWNER) allows it.

Realtors who believe that "under contract" means the house, and everything on the property belongs to the prospective buyer are missing a big chunk of what those words mean. Silly to think otherwise...

Unless the contract specifies that all personal property on the property must remain, the prospective buyer is seriously out of luck.

Skippy

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. Sorry don't want to pee on the thread , but that may be ok In Your state , in our state everything has to be as stated in the contract . Also the buyer and seller agents are reguired to report any changes that they should see in the property before contract is recorded . Called a final inspection . So the realestate person may have just been doing her job . Remember we are talking about a contract signed by both parties , not a prospective buyer .

Ricki7 said:

. Sorry don't want to pee on the thread , but that may be ok In Your state , in our state everything has to be as stated in the contract . Also the buyer and seller agents are reguired to report any changes that they should see in the property before contract is recorded . Called a final inspection . So the realestate person may have just been doing her job . Remember we are talking about a contract signed by both parties , not a prospective buyer .

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Show me where, "in your state," that the contract must list all the personal property that is to be removed. There's NO WAY anyone would ever list "everything" that is personal property. nope, nope, nope. Unless the contract specifically states that all personal property on the premises must remain (as in the event of a "fully furnished home") and specify exclusions, then there's no contest. For personal property to be included in a "Real Estate" transaction it has to be specifically listed. Why? Because the transaction is for the Real Estate, not for the personal property. Only when the buyer takes possession of the home, do any items remaining behind become the possession of the buyer. Two reasons for this. 1) they're considered "abandoned" by the previous owner, and 2) the Property "owner" has first right to all personal property on the property.

Basically, unless the buyer has specifically stated in the contract that specific personal property is expected to remain, then personal property remains the property of the owner/seller. At the time the contract is RECORDED, whatever remains behind, unless there is an agreement between the property owners, belongs to the NEW owner. Until that time, personal property is the property of the originating owner. Its why a refrigerator can be removed, any shelves that aren't permanently attached to walls, and any moveable objects can be taken with the Seller. Unless something in the contract SPECIFIES that the personal property, or specific personal property, is included in the contract, it's automatically excluded. Mineral rights (if in fact, they are actually tied to the property) do not include coins, rings, or other metals that are crafted.

It's why, if you want that Rubbermaid shed in the back yard, you have to specify it. If you want the hot tub, it'd better be listed.. If you want those cabinets that are placed in the garage against the wall, you'd better list them in the contract... because if its' personal property, it's automatically EXCLUDED from the contract unless specified. I know of NO state that requires otherwise. Why? Because the Real Estate sale is not the sale of the personal property.

And with regard to the fact that any changes have to be noted at the final inspection, this only goes to show that the contract is not FINAL, at the final inspection. Changes can be noted, and parties can negotiate or walk away. The contract shows intent, and there's a 1000 reasons why a house under contract ends up not being sold. The property remains with the owner, of course, not with the buyer who had it "under contract." Why? Because it belongs to the owner, not the prospective buyer!

You're wrong on this one, my friend. You can claim it's "different' in your state, but I call foul, unless you can show the laws... I know of no state that mandates personal property is contractually bound to remain when a house offer has been accepted, unless there is a contractual statement stating, with specificity, what is to remain. And the likelihood that there is a clause in the contract stating that coins in the lawn must remain there, is so incredibly remote, it's ridiculous!

The property owner gave permission for the Metal Detectorist to find and remove personal property from the home. Whether that was from secret cubby inside of a wall, under a floorboard, or in the sandpile where the silver rolls were kept for safekeeping is irrelevant. The only relevant point is that it's personal property. There's no Real Estate agent in the world that could make a case for the coins or gold bar that is dug up 2 weeks prior to a sale that it constitutes "real estate" and should have been left behind. Ain't gonna happen. No court would let it. Now... if it were a gold bearing VEIN of minerals, that's different. But a coin or a bar? Nope!

Cheers,

Skippy

THE END ! Sorry beep's , love your post's ,,,,,,HH

Barracuda said:

Great finds! What case is on your deus?

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http://m.ebay.com/itm/Dust-dirt-rai...%3A1f99646115c0abda6d45479affffe0e5%7Ciid%3A5