Update on my digging permission problem

[grombiz]

I thought i had already stated and made it clear that i was going to find out who the new owner of the land was,find away to contact them and get a signed document before going back. I feel as if this post is on repeat. Hey Arrowheads.com how do you turn off the repeat post. Remember guys he passed away just 3 day ago now and i was trying to get some info on the subject. This is what i did. I'm not trying to be an asshole. I just want people to stop making it sound like i did something illegal or that i'm about to do so. I went and talk to someone who is educated on the subject and this is what he said. Even tho the older man has pass away the property is still his until the necessary legal paper work is properly filled out and signed by the new owner of the land. This has not happen yet !How do i know this, the selling of the land has been put on hold. I called the real-estate agency who was handling the matter. Its put on hold because the kids are obviously fighting over who gets what. So legally the old man still owns it and i still have permission to dig. This is about the point where i wanna jump out of my own body and punch myself in the face. I could be digging the best mound i've ever seen right now, if only i had him sign a written document stating that this agreement was made. So i can still dig out there but i'm taking a chance because i cant prove it in a court of law. So i messed up and now i have to weight for this possible legal battle to be over or ownership to be taken. I have to look at the bright side of things! This will give me the time to find some things out and get my ducks in a row. I now have time to develop a pitch that will take no out of the question. If i get the yes i'm looking for i might go a step further and pitch them on a pay dig site if its money they are after. That just me thinking out load guys. I'm not saying i will, but its a good idea if they do end up selling to a developer. I'm going to need some help getting all those arrowheads AND ALL MEMBERS ARE INVITED TO DIG. See i'm not an asshole when it come to things that don't exists yet. hahaha just kidding guys. So now you know whats going on and please everyone wish me luck on this! I'm going to need it!
Thanks for reading and the input,
Spencer

[greywolf22]

The agreement you had with the owner who died is called a gross easment to dig on the owners land, which means it is between two persons and when one of them dies the gross easment ends. This is what you had and it ended three days ago with his death. You need to stop all digging as you no longer have permission and must seak permission of the new owners to start back. You are right in getting the new agreement in writng that will give you a time line on how long you are premitted to dig there, good luck in getting this.
Ignorance of the law in no longer an excuse for you as you now know if you go back to digging with out permission you will be breaking it.
  Jack

[kreative]

Posted by [Vince]:

Wow Greywolf thanks for the information!

[cgode]

Spencer, greywolf is right about the permission.......your were mostly getting good advice in your other thread....with the exception of one individual. Don't feel as you were being criticized, your a new hunter and I think we all have your best interest at heart......I think it's great your passionate about your new found hobby and all wish you well. My response in the other thread was out of fear that you were being lead in the wrong direction by a misguided individual.......I.....we.....don't want to see that happen.
Good luck getting permission again and happy hunting!

[CMD]

Spencer, as others have noted, there are pay digs in Texas and people find nice stuff from what I've seen.
I do hope you get the specific permission for that site since you've done so well there. And don't give up on surface hunting. Once you've an eye for them, and you certainly do by now, you will get good at surface hunting. You will be amazed at how good you can get at it actually. In fact, my wife and I became so skilled at it, that I think we may have FOUND them all at the places we walk :laugh: Bottom line is you are a young man and there are many, many arrowheads in your future!

[gregszybala]

Nicely put Chris and Charlie and heed Jacks advice, Spencer. We all hope that this works out for you and it is good to see you developing a plan or approach to trying to stay on this property. Hope the new owner/s will be receptive and allow you to continue. If not, there are still ALOT of points etc. waiting to be found in ALOT of areas. Good luck.

[shednhead hunter]

DIG DIG DIG DIG DIG DIG DIG DIG DIG DIG DIG DIG DIG DIG DIG DIG DIG........THEN DIG SOMEMORE!! FIND EVERYTHING YOU CAN......

[grombiz]

I can dig alot more if i'm not in jail.

[turkeytail]

Good idea...its the trespassers that give us all a bad name.

[greywolf22]

Shedhead Hunter
That is very bad advise to give to someone who does not own the property.
Jack

[grombiz]

I just hit me this forum is my digging conscience. You have the little devil "Shedhead Hunter" :evil: on the left and on my right the angel greywolf,truckytail and so on. What would i do with out you? Thanks for keeping me out of trouble guys. Watch I'll get my spot back just because i took the right advice and did the right thing.

[birdpoint]

Sounds like you have a great conscience Spencer, good luck on your quest

[shartis]

Maybe you and a few friends can look into leasing part of the property if money is what speaks to owners. Also I may have missed something but you refer to digging a mound. Hope your just talking about a small hill or knoll and not a burial mound because that might be a problem.

[grombiz]

In Texas its common for people to call the midden a mound because its a mound of rock. The burial sites we call burial mounds. A lot of people ask me that. If i wanted to go out and dig i would say to friend let go to that (location)+mound Ex: Lake Travis mound. What wound you say,lets go to the Lake Travis midden or maybe lets go to the Lake Travis site?

[rmartin]

Man, you have taken a lot of heat over your use of the M word, lol. When I first responded to your early posts I should have explained myself better. I know a few Texas collectors and have been on forums with lots of others so I knew how you were using the term. But to just about everyone here, Mound means burials. One funny thing is Burial Mounds did not come along until Adena in Ohio,Early Woodland Period about 1000 B.C. The vast majority of burials were in simple cemetaries usually on bluffs, at least around here. I am not sure if the term Midden is entirely accurate but I would use it on forums. Good luck to you. Ray