Hidden Treasure

[Rheghead]

If you became the holder of some knowledge of the whereabouts of hidden treasure of historical and financial importance that was in someone else's house but you didn't want them to have it, what is the best legal method of retrieval that would ensure the rightful (family)owners to it?

[Saveman]

Lock your doors everyone! ;)

[JAWS]

I would suspect that the only legal way of recovering any such property would be to see a lawyer and take advice regarding recovering it via the courts. That is always assuming the current owners do not want to part with the object in question.

I would suspect that any such object would be deemed to have been bought as part of the property when the transfer of the property to the current owners was completed.

[Geo]

If you became the holder of some knowledge of the whereabouts of hidden treasure of historical and financial importance that was in someone else's house but you didn't want them to have it, what is the best legal method of retrieval that would ensure the rightful (family)owners to it?

If it is of historical importance are you sure the current family line have a right to it? Ownership could have been lost for many reasons. You would be best seeking legal advice from a solicitor but you might need someone with a background in artifacts/salvage etc.

You do realise you have now set yourself up as prime suspect in any burglaries in Caithness from now on? ;)

[JAWS]

The most ancient thing around my house is me so I'm safe. Anybody who would want to steal me definitely needs treatment!
In fact I would think that they were already beyond help.

[sassylass]

Well Rheghead, this is a question I have long pondered. For over 10 years we've known the whereabouts of nearly $10,000 well hidden in a friend's home. She died and her relatives never returned my father's phone calls, he tried hard to tell them about it. The rellies have since sold the house and disappeared, and believe me, we have wracked our brains trying to think how to retrieve that money.
Any ideas are very welcome!

[Rheghead]

Well Rheghead, this is a question I have long pondered. For over 10 years we've known the whereabouts of nearly $10,000 well hidden in a friend's home. She died and her relatives never returned my father's phone calls, he tried hard to tell them about it. The rellies have since sold the house and disappeared, and believe me, we have wracked our brains trying to think how to retrieve that money.
Any ideas are very welcome!

Probably not worth buying the house at $10,000 but in my case it certainly is, as it is worth £150,000. Anyway, I sympathise with your situation.

[The Angel Of Death]

If you have a problem and dont know who to turn to maybe you could hire the


A Team

Either that or you could hire the services of kennedy's finest to "aquire" the stash for you

[sassylass]

Rheghead, if the treasure does not rightfully belong to the owners of the house where it's stashed, do you have a way of proving it? If it's of historical importance, is there an historical society that could help you? For that amount of money it might be prudent to hire legal counsel.

[Bingobabe]

Probably not worth buying the house at $10,000 but in my case it certainly is, as it is worth £150,000. Anyway, I sympathise with your situation.Can i be your friend hehehehehehehehehehehe lol :evil

[Whitewater]

Seems to be a tricky question Rhegers, I would have thought that the people who bought the property would be deemed the legal owners of the property, and its contents, as it stood at the time of the sale.

Were the previous owners aware of the treasure? If they were not, it could have not have been included in the sale or been part of any list of contents, and as such the present owners probably are not aware of it either, but it could still be claimed as theirs if they were made aware of it.

I think if as you say the item(s) are of historical value, perhaps the best people to get in touch with would be "Historic Scotland", then they would probably claim it but there may be a reward system in place for items of historical importance and value.

These are just thoughts, sorry I can't be of more help.

[highlander]

what puzzles me is, why dont u want them to have it?

[Rheghead]

OK, the treasure is a Victoria Cross, sorry for any confusion.

It is engraved with the name of the recipient, my cousin. The awardee hid it as he thought it brought more trouble than fortune. He later died under tragic circumstances. But the point is that the medal is the family's property not the house owner's. The house owners bought a house not a VC and though possession is 9/10 of the law, strictly speaking they don't possess it.

I think I will go round and be honest and upfront with the owners and be armed with a pickaxe to dig it up.

[Saveman]

You've got the basis for a great novel here...

[Errogie]

Rheghead,

I think time is of the essence before half Wick knows about the guy looking for the Victoria Cross.

Presumably you know where it is, in the loft, buried in the garden or elsewhere on the premises. I would try going round and be charming and up front and explain about your desire to find an "old medal" left behind by your cousin and keep your fingers crossed that they let you retreive it. If that doesn't work then plan "B" might be to suggest that you do a deal over any possible sale value and offer a percentage to cover the cost of their help to relocate the family heirloom. The hiding place may even be totally impossble to track down without your vital information.

If they were to find it and try to sell it through one of the big auction houses I would imagine that the recipients name on the medal and perhaps your status as next of, or on behalf of the next of kin could affect a successful sale. You may have to be ready to verify your family connection and right to your relative's estate.

No small amount of bravery and determination required to carry it off if you decide to go further. Good Luck!

[Bingobabe]

:D Good luck :D

[Malcolmdog]

OK, the treasure is a Victoria Cross, sorry for any confusion.

It is engraved with the name of the recipient, my cousin. The awardee hid it as he thought it brought more trouble than fortune. He later died under tragic circumstances. But the point is that the medal is the family's property not the house owner's. The house owners bought a house not a VC and though possession is 9/10 of the law, strictly speaking they don't possess it.

I think I will go round and be honest and upfront with the owners and be armed with a pickaxe to dig it up.


The treasure WAS your family's property - however, technically, it was left on the property after it was sold. That makes it the legal property of the current Deed owner. Unless, you can find a copy of the original agreement of purchase and sale that specifically indicates that "hidden treasure is to be excluded from this contract" and all parties have signed their agreement to this condition - the treasure rightfully belongs to the current property owner. ( in Canada, anyways).

You stated that, 9/10ths of the law is possession; however, in this case, that saying really has nothing to do with it, the law of the purchase and sale of real property will take precedence. When you buy a property, the current owner has upto and until a specified date, "closing date of the sale", and time, ususally 6 pm, to provide "vacant possession" of the property. That means, all of the current owners possessions must be removed from the property by the time that the Keys are handed to the new owner and the money is given to the current owner. Any thing left behind after that time and date BELONGS TO THE NEW OWNER, the previous owner has no claim on anything, unless the Agreement of purchase and sale lists conditions that all parties have agreed to.

Being honest and upfront with the current owners and explaining the story to them, may appeal to their soft side and they may allow you to dig up their back yard, but make sure that you both agree on what damage to the property is acceptable and who will compensate who, if any damage is done to their treasured plants. Make sure that the people living in the home are the deed owners to the property and not a tenant, before you bring your pick axe.

I would see a solicitor, before I did any digging around on another's property, be armed with proof of your relationship to the deceased VC recipient, have the solicitor check the deceased last testament to make sure that the VC was not Willed to a named beneficiary, and if it was, are you prepared to track down the rightful owner, even if it is not yourself?

Hope things work out for you.. We had a similar situation with a relative of ours - buried an old war weapon - needless to say the current owners would not allow us to dig up their veggie garden. - they did after we left. Oh well

[killarifts]

if it is in there house when they moved in, it belongs to them all you can do is ask them for it lol ,if i caught someone in my house looking for hiddin treasure i think i would kill them

[Rheghead]

I have since emailed an expert in this sort of thing and he tells me that the VC is still the property of the family because of the nature of the item. If the owner of the house can provide evidence of the purchase of the medal then it is his/hers.

But this is where things breakdown, I will not be able to recover the medal if I don't get permission. If the new owners decide to look for it themselves and try to sell it, then they may get into lumber as the VC was reported stolen at the time it went missing and no auction house will touch it.

Thanks to everyone who has given messages of encouragement and advice :)

[jimag]

Depends what you want to recover the VC for. If you want to sell it, tough. If it were in my house I would not consider returning it to you or anyone else. However if you agreed to, say, put it on display locally or gift it to the British Leigon or something, I would be willing to give it up for such a purpose. The more I think about it, this seems the only way forward if the VC is to see the light of day.

[Rheghead]

jimag, that is my intention, to get it on permanent loan in his home town.