What do you need to bear in mind when "probing"?

Treasure hunting with a metal detector is an exciting hobby and leisure activity. It is estimated that there are around 30,000 active treasure hunters – or more precisely " probe hunters " – in Germany. There are, of course, no exact and reliable figures, as there is unfortunately no official census for the hobby of "exploring" – such as a record kept by the Federal Statistical Office. However, if you estimate the number of active members of the explorers' forums on the Internet, you will quickly arrive at several thousand active explorers in Germany. Treasure hunting with a metal detector is therefore a popular hobby that is becoming increasingly popular.

Before you go treasure hunting with your metal detector, there are a few important and basic points to bear in mind. In today's article on "Treasure hunting in Germany", we try to cover a few essential points in the form of a "question and answer game". You are welcome to leave us a constructive comment at the end of our article so that we can keep our report up to date and add to it as often as possible.

So what is it – " sounding " or " probe walking " ?!
Of course, both are correct. The word " Sondeln " has simply developed over the course of time as a colloquial shorthand for the term " Sondengehen " and has become more or less naturalized. A prospector is a person who searches for metallic and hidden objects with the help of a metal detector.

Who does a find belong to !?
Unfortunately, this is not an easy question to answer, but it is a very complicated one …

In principle, Section 984 of the German Civil Code (BGB) applies in Germany (incidentally, this provision of the BGB is based on the so-called "Hadrianic division of finds" of the Roman Emperor Hadrian). According to this legal regulation of the German Civil Code, finds that can no longer be attributed to an original owner are to be divided between the discoverer and the new owner. In the meantime, all federal states have extended § 984 of the German Civil Code with a so-called "treasure register" – some would also say "nullified".

Now, if a find is made – as in Baden-Württemberg, for example – the treasure register applies and the German state automatically becomes the sole owner of the find. In some cases, the finder or explorer does not even have a legal claim to a reward. What's more, in Baden-Württemberg, the explorer must also expect legal consequences and even a fine.

Germany currently has not only inconsistent, but also very unfair regulations regarding the sharing of finds. Due to the inconsistent laws and the legally applicable treasure regulations, you must therefore inform yourself very carefully before you go treasure hunting. Always remember: "Ignorance is no excuse".

Another example of ownership: If a treasure hunter searches for modern jewelry and coins in a lido (regardless of the federal state / permission to search is required), he does not immediately become the legal owner of the items found (applies to items with a value of more than 20 euros). Only after the items – such as gold rings – have been reported to the lost and found office and initially handed in does the prospector become the new owner after the waiting period or after 6 months.

It is therefore necessary to familiarize yourself with the laws of your federal state before going treasure hunting.