Keeping lost, found and uncollected goods

This information applies to Scotland

About this information

This information explains the rights of someone who finds or comes into possession of, another person's goods. In this item the person who finds the goods is called the finder.

If you want to find out whether you can keep the goods you must first check whether the goods are:-

• uncollected or abandoned
• stolen
• lost
• treasure trove
• goods found in the sea or on the seashore.

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Uncollected or abandoned goods

A person may leave goods which belong to them with someone else and appear to have abandoned them. Examples include:-

• scaffolding or other equipment left by builders on site
• books or CDs left with friends
• uncollected goods left at a shop for repair
• uncollected goods left by a tenant in a landlord’s property
• goods ordered and received but then rejected or not paid for, and the seller has failed to collect them
• unsolicited goods sent through the post.

For information about dealing with unsolicited goods, see Distance selling in Buying goods - your rights.

If you have uncollected or abandoned goods you do not have the right to keep them. You should try to arrange for the removal of the goods by contacting:-

• the police
• the owner
• someone with authority to act on behalf of the owner - for example an employee of the owner.

Since there may be some doubt about who the owner is, you should contact the police to notify them about the find. If you fail to report abandoned goods you may be guilty of a criminal offence.

When the goods are reported to the police they may:-

• identify the owner is and tell you to deliver the goods to the owner
• identify the owner and then tell the owner to collect the goods from you
• take the goods into their own care.

If the police take the goods their usual practice is to keep them for two months. After that they may offer them to the person who found them. The owner of the goods can claim them back up to one year after they have been handed in. So if the police return the goods to the finder, the finder must retain them until a year after they were first found.

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Stolen goods

If someone gets stolen goods, even if they have paid a fair price and are unaware that the goods were stolen, the general rule is that the goods still belong to the original owner.

If the person with the goods discovers they are stolen they must inform the owner and allow them to take them away. The police should also be informed.

If you buy goods which are later discovered to be stolen you could try to claim compensation from the seller.

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Lost goods

If you find goods that appear to be lost, then you can keep the goods so long as:-

• the goods are lost, and not uncollected or abandoned, stolen, or treasure trove
• you did not find the goods dishonestly
• you take care of the goods
• you did not find the goods on your employers’ property
• you have taken reasonable steps to find the owner of the goods, for example, left them to be claimed at a police station for a reasonable length of time
• the goods were not attached to anything on premises or land where the occupier does not exercise much control, for example, an air terminal lounge, public part of a shop, or recreation ground.

What happens to goods handed over to the police

The usual police practice is that the finder can have the goods back and keep them if they are not claimed within two months. However the police may want more time if there are special circumstances and they want to investigate, for example, if they suspect the goods are stolen or think that the owner can be traced. The owner of the goods can claim them back up to one year after they have been handed in. So if the police return the goods to the finder, the finder must retain them until a year after they were first found.

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Treasure trove

Treasure trove includes all newly discovered ancient objects in Scotland, whether or not they are of precious metal, and whether or not the original owner deliberately hid the objects or lost them. Examples include ancient objects, coins, pots. Treasure trove is the property of the Crown.

Anyone who finds objects which might be treasure trove must report it to the local police or museum, the local authority archaeologist, or the National Museums of Scotland. If someone finds human remains or skeletons they must report these to the police as these are covered by different laws. The address of the National Museums of Scotland is:

Chambers Street
Edinburgh
EH1 1JS
Tel: 0131 225 7534
Fax: 0131 220 4819
Website: www.nms.ac.uk

The police or museum will report the find to the Procurator Fiscal and to the Queen’s and Lord Treasurer’s Remembrancer (who is responsible for treasure trove). A committee will decide what to do with the object. They could make one of the following decisions:-

• decide that the object(s) do not need to be kept, and should be returned to the finder; or
• decide that the objects should be kept for a museum. If this happens the finder may be paid a reward, based on the value of the object(s).

It is always to the finder’s advantage to report the find at once, to make a careful note of where they found them, and to make sure that they do not damage the object(s), for example by cleaning them.

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Use of metal detectors

If you are going to use a metal detector to search for treasure trove or other hidden objects, you should:-

• get the landowner’s permission before searching on private land
• get permission from the Secretary of State for Scotland for using it on a listed ancient monument or other protected site. A fine can be imposed for using a metal detector on these sites without permission. A person can ask for permission from:-

Historic Scotland
Longmore House
Salisbury Place
Edinburgh
EH9 1SH
Tel: 0131 668 8600
Fax: 0131 668 8789
Website: www.historic-scotland.gov.uk

The Federation of Independent Detectorists has a Code of Conduct which its members must follow. They can give further information and advice about using metal detectors. It also offers a free recovery service for people who have lost metal objects. Their address is:-

61 Newtown Road
Newbury
Berks
RG14 7BU
Tel: 01635 522578
Website: www.newbury.net/fid

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Goods found in the sea or on the seashore

Goods found in the sea or on the seashore could be from a ship and are known technically as ‘wreck’. All wreck must be reported to:-

The Receiver of Wreck
The Maritime and Coastguard Agency
Bay 1/05, Spring Place
105 Commercial Road
Southampton
Hampshire
S015 1EG
Tel: 023 8032 9474
Website: www.mcga.gov.uk

A form to report wrecks can be downloaded from the Receiver of Wreck's website.

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