Short answer. You get half. Article 718 sends you to Article 438, which gives a chance finder of hidden treasure on someone else's property one-half of what is found, while the other half belongs to the property's owner. That share is lost entirely if you were trespassing when you found it.
What the law says
He who by chance discovers hidden treasure in another's property shall have the right granted him in article 438 of this Code.
Civil Code, Article 718 — Finder Of Treasure On Another's Land. Read the full provision →
What the law says
Hidden treasure belongs to the owner of the land, building, or other property on which it is found.
Civil Code, Article 438 — Who Owns Hidden Treasure. Read the full provision →
What the law says
when the discovery is made on the property of another, or of the State or any of its subdivisions, and by chance, one-half thereof shall be allowed to the finder.
Civil Code, Article 438 — Who Owns Hidden Treasure. Read the full provision →
What the law says
If the finder is a trespasser, he shall not be entitled to any share of the treasure.
Civil Code, Article 438 — Who Owns Hidden Treasure. Read the full provision →
What the law says
If the things found be of interest to science or the arts, the State may acquire them at their just price, which shall be divided in conformity with the rule stated.
Civil Code, Article 438 — Who Owns Hidden Treasure. Read the full provision →
Article 718 points you to the general treasure rule
Article 718 itself is short: it says a person who by chance discovers hidden treasure in another's property shall have the right granted him in article 438 of this Code. So the actual entitlement is not spelled out in this particular article — it is defined entirely by cross-reference, and Article 438 is where the real, substantive rule actually sits.
The baseline: treasure belongs to the property owner
Article 438 starts from the position that hidden treasure belongs to the owner of the land, building, or other property on which it is found. Ownership of the treasure follows ownership of the property by default, which is why a chance finder does not simply keep what he finds outright, and why the rest of the article has to carve out an exception for the situation you are actually in.
The finder's share: one-half, if the discovery was by chance
The exception that applies to your situation follows immediately: when the discovery is made on the property of another, or of the State or any of its subdivisions, and by chance, one-half thereof shall be allowed to the finder. Both the "chance" element and the fact that the property belongs to someone else are what open the door to this half-share; find something on your own land, and this particular rule about splitting with a finder does not apply at all.
Trespassing wipes out the finder's share
Article 438 also draws a hard line based on how the finder came to be on the property: if the finder is a trespasser, he shall not be entitled to any share of the treasure. Discovering the treasure by chance while lawfully on the property is what earns the half-share; discovering it while trespassing forfeits that share entirely, leaving the whole find to the property owner.
A special rule for items of scientific or artistic interest
There is a further wrinkle if what is found has value beyond its material worth. Article 438 provides that if the things found be of interest to science or the arts, the State may acquire them at their just price, which shall be divided in conformity with the rule stated. In that situation, rather than the finder and the owner simply keeping physical possession of the treasure, the State can step in to acquire it at a fair price, with that price then split between the finder and the owner according to the same one-half rule.
Related provisions
- Civil Code, Article 718 — Finder Of Treasure On Another's Land
- Civil Code, Article 438 — Who Owns Hidden Treasure