What is 'treasure trove' and if I find 'treasure' can I keep it?

Generally speaking, when the owner of an archaeological find cannot be traced, any find will belong to the owner of the land on which it was discovered. In the case of 'treasure trove', special legislation applies. All 'treasure trove' (basically gold and silver, which was originally hidden and where the owner cannot now be found) belongs to the Crown and, when discovered, is subject to an inquest at a coroner's court to establish the circumstances of its loss or deposition. Archaeologists are frequently involved in giving evidence to such inquests. Finders are often allowed to keep the objects, or an institution such as the British Museum pays so that the objects can be added to a national collection.

The Treasure Act

The Treasure Act of 1996 replaced the common law of treasure trove in England, Wales and Northern Ireland (Scotland has different laws, see below). The Treasure Act removed the need to establish that objects were deliberately hidden with the intention of being recovered, which was one of the tests of the common law of treasure trove. The Treasure Act sets out the precious metal content required for a find to qualify as treasure; and it extends the definition of treasure to include other objects found in archaeological association with finds of treasure.

What is treasure?
Treasure is any object at least 300 years old when found which:

• Is not a coin but has metallic content of which 10 percent by weight is precious metal.
• Is one of at least two coins in the same find area of which 10 percent by weight is precious metal.
  
• Is one of at least ten coins in the same find area.
• Does not fall within the specific categories given above but would have qualified as treasure trove. This object has to be made substantially of gold or silver; has to have been buried with the intention of recovery; and its owner or his/her heirs must be incapable of being traced.

Scottish Law
The law is different in Scotland. All archaeological finds in Scotland, whether of precious metal or not, automatically belong to the Crown and are effectively treasure trove until proven otherwise. The Archaeology Department of the National Museum of Scotland provides the Secretariat for the Treasure Trove Advisory Panel, which deals with individual cases and provides information and advice on the law as it relates to the discovery of artefacts. The Crown does not always exercise its claim, but all objects found during your test pit excavation should be reported to your local museum. After examination finds not required for the museum collections are returned to the finder.

Further information
For more information on treasure law please see the following websites:

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England, Wales and Northern Ireland
www.culture.gov.uk
Contains the full 160 page treasure act.

Scotland
www.historic-scotland.gov.uk
Contains archaeological information and advice relating to treasure in Scotland.