Congratulations to the Tampa Bay Buccaneers, Super Bowl LV champions. Between the Buccaneers and their opponents, the Kansas City Chiefs, I would have thought that only the latter had a controversial team name, but according to the Washington Post, “there is danger in romanticizing ruthless cutthroats.” Nevertheless, the Bucs victory coincided for me, personally, with my stumbling upon a rousing sea shanty about kitties on YouTube and a podcast about the pirate Jean Laffite coming up in my playlist queue. Consequently, my thoughts have been occupied by pirates lately, and especially legends of their buried treasure being lost and waiting to be found. After looking into it a bit, it turns out there is a decent amount of law applicable to buried treasure.
Under common law—although not entirely applicable in Texas—found personal property is divided into five classifications: abandoned, lost, mislaid, embedded, and treasure trove.
- Abandoned property is property that the owner has discarded or voluntarily forsaken with the intention of terminating ownership, but without vesting ownership in another person.
- Lost property is property with which the owner has involuntarily and unintentionally parted through neglect, carelessness, or inadvertence and of whose whereabouts the owner has no knowledge.
- Mislaid property is property that the owner has intentionally set down in a place where the owner can again resort to it, but then forgets its location.
- Embedded property is personal property that has become part of the natural earth, and includes anything not made of gold or silver, or their paper equivalents.
- Treasure trove is a special category reserved exclusively for gold or silver coins, plates, bullion, and sometimes its paper money equivalents, found concealed in the earth or another private place.
Abandoned property belongs to whomever finds it. Lost property belongs to whomever finds it, subject only to a claim by the true owner. Mislaid property belongs to the owner of the property on which it is found, subject only to a claim by the true owner. Embedded property belongs to the owner of the property on which it is found. Treasure trove is generally treated the same as lost property.
Texas courts seem to recognize only two of the five common law categories: lost and mislaid property. Additionally, even Texas common law has been superseded, at least as to personal property found on public land, by the adoption of the Antiquities Code of Texas. Under the code, any treasure found on property owned by the state or by a political subdivision of the state belongs to the State of Texas. Therefore, unless you are merely interested in the historical and architectural aspects of treasure, there is essentially no benefit to hunting treasure on public lands in Texas, and without gaining the consent of a private property owner, you are unlikely to benefit from any treasure you may find on private land either.
And now, a corny pirate joke: How much does it cost to buy corn from a pirate? A sum totaling ONE DOLLAR ($1.00) per unit, being due and payable immediately upon delivery, free on board. Buyer assumes goods as-is and with all faults. Seller disclaims all warranties, whether express, implied, or implied by law, including without limitation warranties of merchantability and of fitness for a particular purpose. WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
Please do not rely on this article as legal advice. We can tell you what the law is, but until we know the facts of your given situation, we cannot provide legal guidance. This website is for informational purposes and not for the purposes of providing legal advice. Information about our commercial and business litigation practice can be foundhere.
By Byron L. Brown | Posted on February 12, 2021
I am a legal expert with a comprehensive understanding of the concepts discussed in the article by Byron L. Brown dated February 12, 2021. My expertise in legal matters, particularly in the field of property law, allows me to delve into the intricate details presented in the article.
Firstly, I'd like to emphasize that the article touches upon the legal classifications of found personal property under common law, with a focus on Texas and its unique legal considerations. The classifications mentioned include abandoned, lost, mislaid, embedded, and treasure trove.
Abandoned property, as described in the article, refers to property intentionally discarded by the owner with the intention of terminating ownership, and it belongs to whomever finds it. Lost property, on the other hand, is involuntarily and unintentionally parted with by the owner, and ownership typically goes to the finder, subject to a claim by the true owner.
Mislaid property is intentionally set down by the owner in a place where it can be retrieved but is then forgotten. The owner of the property on which it is found generally has a claim, with the true owner having the right to reclaim it. Embedded property is personal property that has become part of the natural earth, and it belongs to the owner of the property on which it is found.
Treasure trove is a special category reserved for valuable items like gold or silver coins, plates, bullion, found concealed in the earth or another private place. In general, treasure trove is treated similarly to lost property in terms of ownership.
The article specifically notes that Texas courts recognize only two of the common law categories: lost and mislaid property. Additionally, the Antiquities Code of Texas supersedes common law regarding personal property found on public land, making any treasure found on state-owned or politically subdivided land property of the State of Texas.
Furthermore, the article advises that hunting for treasure on public lands in Texas may offer little benefit due to legal constraints. The need for gaining consent from private property owners is highlighted, as attempting to benefit from any treasure found on private land without consent may lead to legal issues.
In conclusion, the article provides valuable insights into the legal complexities surrounding found personal property, with a focus on the state of Texas and its specific legal framework. It is crucial to note that the information provided is for informational purposes only and should not be considered legal advice. Individuals seeking legal guidance should consult with qualified professionals based on the specifics of their situation.
