The Civil Code has specific rules on hidden treasure, which is defined as any hidden and unknown deposit of money, jewelry, or other precious objects, the lawful ownership of which does not appear. The word 'hidden' and 'unknown' and the absence of a known owner are essential; if the owner of the objects is known, it is not treasure but simply lost or misplaced property to be returned. The rules on who owns discovered treasure are: as a general rule, hidden treasure belongs to the owner of the land, building, or other property on which it is found; this is an application of the right of accession, since the treasure is found within the owner's property. However, when the discovery is made on the property of another, or of the State or any of its subdivisions, and by chance (not by deliberate searching without permission), one-half of the treasure is allowed to the finder; the other half goes to the owner of the property (or the State). If the finder is a trespasser or found it while not permitted, they get nothing. There is an important exception in favor of the State and cultural heritage: if the things found are of interest to science or the arts, the State may acquire them at their just price, which it divides according to the same rules (owner and finder). Special laws on cultural properties and treasure hunting may also require permits and give the State rights over certain finds. So finding treasure on your own land makes it yours; finding it by chance on another's land generally entitles the finder to half, unless they were trespassing, and finds of scientific or artistic value may be claimed by the State.
What Counts as Treasure
Hidden treasure is a hidden, unknown deposit of money, jewelry, or precious objects whose owner does not appear. If the owner is known, it is lost property to be returned, not treasure.
Owner and Finder Shares
- As a rule, treasure belongs to the owner of the property where it is found (by accession);
- If found by chance on another's (or the State's) property, the finder gets one-half, the owner the other half; and
- A trespasser or one who searched without permission gets nothing.
Finds of Scientific or Artistic Value
If the things are of interest to science or the arts, the State may acquire them at just price, divided by the same rules. Special laws on cultural property and treasure hunting may require permits and give the State rights.
Practical Takeaways
- Treasure on your own land is yours;
- Found by chance on another's land = the finder gets half;
- Trespassers get nothing; scientific/artistic finds may go to the State.
Frequently Asked Questions
What is hidden treasure under the law? Any hidden and unknown deposit of money, jewelry, or other precious objects, the lawful ownership of which does not appear. If the owner is known, it is lost property to be returned, not treasure.
Who owns treasure found on my own land? You do. As a general rule, hidden treasure belongs to the owner of the land, building, or property on which it is found, as an application of the right of accession.
What if I find treasure by chance on someone else's land? One-half of the treasure is allowed to the finder, and the other half goes to the owner of the property or the State. But if you were a trespasser or searched without permission, you get nothing.
Can the State claim discovered treasure? Yes, if the things found are of interest to science or the arts. The State may acquire them at their just price, divided according to the same owner-and-finder rules, and special laws may give the State rights over certain finds.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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