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This information applies to England, Wales and Northern Ireland
Keeping lost, found and uncollected goods
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:-
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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 records 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 have a duty to look after them, but cannot use them or treat them as your own. You will be liable for any damage caused to the goods while they are in your care.
Goods that are dangerous, for example, a leaking fridge, should not be abandoned. Someone who abandons goods may be prosecuted.
If you are in possession of another person’s goods you can sell them if they remain uncollected, as long as:-
- the original owner is responsible for collecting the goods. The goods cannot be sold if it is the finder’s responsibility to return them; and
- any money received from the sale is returned to the original owner or, if this is not possible, kept on account for them. The owner only loses their right to the money after six years; and
- the finder follows the correct procedure.
Procedure for obtaining the right to sell
If the finder wants to sell the goods they must take reasonable steps to trace the original owner if they, or their whereabouts, is unknown. This depends on the circumstances, but might include placing advertisements in local newspapers, notices on local community notice boards or contacting a trade association if the owner has a business.
If the finder has taken reasonable steps to trace the owner, but without success, they can sell the goods. It is worth keeping a note of what the finder did to trace the owner.
If the finder traces the original owner they must give the owner reasonable time to collect the goods. If the owner of the goods owes the finder money, for example, for repair to the goods, this time period should be at least three months.
If the original owner does not collect the goods within the time given, the finder can only sell the goods after they have sent the owner two formal notices. They can:-
- send or deliver the first notice, followed later by the second one; or
- send both notices together by recorded delivery or registered post.
The finder must give the owner of the goods, either personally or by post, a first written notice stating:-
- that the owner is responsible for collecting the goods
- the details of the goods and where they are
- the finder’s name and address
- how much money is owed, if any, for the goods when the notice is sent, for example, the repair cost or reasonable storage charges.
The finder must send the owner of the goods, by recorded delivery or registered post, a second written notice stating:-
- that they intend to sell the goods if they are not collected by a date given in the notice
- the details of the goods and where they are
- the finder’s name and address
- how much money is owed, if any, for the goods, when the notice is sent.
What happens if the owner does not collect the goods
If the owner does not collect the goods by the date given in the notice, and the finder is sure that the goods belong to the person who has been sent the notices, then they may keep the goods or sell them. If the goods are sold they will then legally belong to the purchaser.
If the goods are a car the finder must complete a form for change of possession (Form B62) which they can get from a post office, before selling the car.
What happens to the money from the sale
If you are the person selling the goods, you must be able to show the original owner that the sale was handled properly to get a fair price for the goods. Apart from the expenses of selling the goods, for example, storage charges or auction fees, the original owner must be given the money from the sale if their address is known. If the goods had been left for repair and were then not collected, the cost of the repair work can also be deducted. If not, the money must be kept for the original owner. However, after six years the owner cannot claim, or sue, for the money.
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Stolen goods
When goods are stolen, the original owner still retains their legal right of ownership over the goods. When stolen goods are found a court, if necessary, can order the return of the goods or a compensation payment for the value of the article to be made to the original owner.
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 person with the goods does not usually get a legal right of ownership. The person with the goods must inform the owner and allow them to take them away, if they discover that they were stolen. Someone who buys goods, which they later find out were stolen, 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 as long as:-
- you did not find the goods dishonestly or while trespassing
- you take care of the goods. You have a duty to look after them, but cannot use them or treat them as your own. You will be liable for any damage caused to the goods while they are in your care
- you did not find the goods on your employers’ property
- the goods are lost, and not uncollected or abandoned, stolen or treasure
- 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 found 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 six weeks. 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. Once the property has been returned to the finder by the police, the original owner cannot usually then claim the goods.
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Treasure
Treasure is the property of the Crown. Anyone who finds treasure should report this directly to the coroner for the district where the object was found within 14 days of the find (or of first having reason to believe the object may be treasure). A finder who fails to report a discovery without a reasonable excuse will be committing a criminal offence. The coroner may hold an inquest to determine whether the object is treasure and, if so, who the finder was. This process can take several months.
An object is normally only treasure if it is at least 300 years old and:-
- it is an object other than a coin of which at least 10% in weight is gold or silver; or
- it is a coin, found with at least one other coin, of which at least 10% in weight is gold or silver; or
- it is a coin of which less than 10% in weight is gold or silver, but which was found with at least nine other coins; or
- it is a single coin or another object that is found, or would have been found, with other objects that are treasure.
When an object has been declared treasure it is dealt with in one of the following ways:-
- if it is not required for any museum, it is returned to the finder who can sell the object; or
- if the find, or any part of it, is kept for a museum, the finder is paid a sum equal to the market value of what is kept.
It is to the finder’s advantage to report the find at once. The finder will either get the find back or its market value as an ex-gratia reward. A finder should generally receive a reward within 12 months of having delivered the find. If the find is not required by a museum it will be returned to the finder within six months.
Use of metal detectors
If you use a metal detector to search for treasure trove or other hidden objects, you:-
- must get the landowner’s permission before searching on private land. You should negotiate beforehand how to split the proceeds of anything you find
- must report any treasure to your district coroner. In Northern Ireland you can also report it to a local museum, or the Environment and Heritage Service of the Department of the Environment
- should, in England and Wales, show any non-precious items found to a museum. This scheme is called the Portable Antiques Scheme. You can contact the national co-ordinator at the British Museum on 020 7323 8611. The website address is
 www.finds.org.uk
- report any historical finds to the landowner
- get permission from English Heritage or, in Wales, Cadw: Welsh Historic Monuments, or, in Northern Ireland, the Environment and Heritage Service of the Department of the Environment, if you wish to use a metal detector on a listed ancient monument or other protected site. A fine can be imposed for using a metal detector on these sites without permission
- in Northern Ireland, you must obtain a 'licence to excavate' from the Department of the Environment if you wish to search for archaeological objects. A fine can be imposed for using a metal detector without one.
The Federation of Independent Detectorists offers a free recovery service for people who have lost metal objects. It has a Code of Conduct which its members must follow and can give further information and advice about the use of the metal detectors. The Federation’s address is:-
61 Newtown Road
Newbury
Bucks RG14 7BU
Tel: 01635 522578 (Helpline)
Tel: 01792 814615 (administration)
Website: www.newbury.net/fid
The address of English Heritage is:-
Customer Services Department
PO Box 569
Swindon
SN2 2YP
Tel: 0870 333 1181
Fax: 01793 414 926
Email: customers@english-heritage.org.uk
Website: www.english-heritage.org.uk
The address of Cadw: Welsh Historic Monuments is:-
Cadw
Welsh Assembly Government
Plas Carew
Unit 5/7 Cefn Coed
Parc Nantgarw
Cardiff
CF15 7QQ
Tel: 01443 33 6000
Fax: 01443 33 6001
Email: cadw@cadw.gsi.gov.uk
Website: www.cadw.wales.gov.uk
In Northern Ireland, the address of the Environment and Heritage Service is:-
Department of the Environment
5-33 Hill Street
Belfast
BT1 2LA
Tel: 028 9054 3001
Fax: 028 9054 3111
Website: www.ehsni.gov.uk
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Goods found in the sea or on the seashore
Property found in the sea or the seashore could be from a ship and is known technically as ‘wreck’. Wreck cannot be treasure because it will not have been buried with the intention to recover it. All wreck must be reported to the Receiver of Wreck. This can be done by downloading a form from the Receiver's website. The address of the Receiver of Wreck is:-
The Maritime and Coastguard Agency
Bay 1/05, Spring Place
105 Commercial Road
Southampton
Hampshire
S015 1EG
Tel: 02380 329474
Website: www.mcga.gov.uk
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