Can you Metal Detect on Public & Common Land In The UK?

This is probably one of the most common questions I hear in the detecting world, especially from beginners.

The short answer is: yes you can detect on public and common land, BUT, only if you have permission from the landowner!

Confused? Don’t worry you’re not alone. Public and common land is widely misunderstood. So I will attempt to explain everything in this article.

What is Common Land? Let’s Clear Up the Confusion…

Before you attempt to metal detect on common land, it’s important to understand what “common land” actually means.

Despite what some might think, common land isn’t land that anyone can use freely.

As all land in the UK us, common land is privately owned by a local council, or an organization like the National Trust, but it has certain public rights attached to it.

Historically, common land was used by local communities for grazing, cutting wood, military training, fairs and fetes, horses etc. Nowadays, common land usually allows public access like walking or hiking but this does not mean you can whatever you like.  Key takeaway: Just because the public has some rights doesn’t mean you can metal detect without restrictions.

In fact specific bylaws exist to exclusively stop detectorists more about this later.

What Rights Do You Have on Common Land?

Most common land allow limited rights to the general public, such as the right to roam, which generally means you can walk or pass through.

However, these rights are often restricted. For example, camping, lighting fires, or driving on common land usually requires explicit permission from the landowner.

When it comes to metal detecting, the situation gets even trickier.

Public rights rarely extend to digging or disturbing the ground, which is why metal detecting is often prohibited without permission.

To understand more about public access rights to common land, you can refer to Gov.UK’s Common Land Guidance.

Can You Metal Detect on Common Land?

So, can you metal detect on common land? The short answer: Only if you have permission from the landowner.

Many common lands like have signs at entry points explicitly stating, “No Metal Detecting,” and if you see such a sign, that’s your answer right there. In fact the common in Lincoln, closest to me has this sign post on both entrances.

If there aren’t any signs, please don’t assume it’s okay. The absence of a sign does not mean metal detecting is allowed.

You’ll need to find out who owns the land  first and ask them for their permission.

You can start by checking local council records or the Land Registry to identify the owner. If the land is owned by a local authority, you may be able to contact them directly to request permission.

Pro Tip: Some councils have specific policies regarding metal detecting, so it’s always worth reaching out to them.

For more details on how to ask for permission, see our guide on How to Get Permission for Metal Detecting.

There was a case from 2019 in Cheshire. A group of detectorists were fined for detecting on common land without permission. There were no signs to say it wasn’t allowed. So be aware.

The council had a clear policy against metal detecting, and ignorance of the rules didn’t save them from prosecution.

Can You Metal Detect on Public Land or Footpaths?

Now, what about public land and public footpaths? Again, this type of land is often mistaken for public property, but they’re actually privately owned where the landowner has granted a “right of way.” Which means you can pass through, but it does not  give you the right to metal detect.

Some local bylaws explicitly state that public rights of way do not extend to individuals carrying metal detectors!

In fact, public footpaths are one of the most misunderstood areas when it comes to detecting.

Even if you’ve walked a path a thousand times, you still need the landowner’s permission to use a metal detector. Check out The Ramblers Association for more information on rights of way and restrictions to public paths.

How to Get Permission for Metal Detecting

So whatever you’re told or thought, think again! There is NO unowned land in the UK, only unregistered.

Around 15% of the land in England and Wales is unregistered: although it has an owner, their details have never been registered at Land Registry, but are held in private paper records. Usually, this land has been owned by the same family or institution for many decades. – https://unregistered.an

If you want to metal detect on common land or public paths and land, getting permission is crucial.

Here’s a step-by-step guide to point you in the direction!

1. Identify the Landowner: Use the Land Registry, local council records, or even speak to local residents who may know who owns the land you want to detect on.
2. Contact the Owner: Reach out with a polite request. Explain who you are, what you intend to do, and how you’ll respect the land. You can use our handy letter or phone script if you’re not sure what to say this can be found in our article on How to Get Permission for Metal Detecting.
3. Understand Local Bylaws: Research local laws and regulations that may affect your ability to detect legally. For example, some councils may have bylaws specifically prohibiting metal detecting in certain areas.
4. Join a Metal Detecting Club: Clubs often have pre-arranged permissions or access agreements with local landowners, which can make it easier to detect legally. Check out our UK Metal Detecting club Directory for a list of reputable clubs near you.

Responsible Detecting: Best Practices to Follow

Even with permission, you should always follow best practices for responsible metal detecting.

This means filling in your holes, respecting the environment, and leaving the land as you found it.

For a comprehensive guide on how to detect responsibly, check out our article on Responsible Detecting Practices.

Also, if you’re new to metal detecting, learning How to Dig Proper Holes can help you minimize any impact on the land and maintain good relationships with landowners.

Stay Informed and Detect Responsibly

So yes you can metal detect on both common land and public paths/land but only if you have permission from the landowner! If your mate tries to tell you that you are allowed and you don’t need permission, let them go alone! As he or she could land you in some hot-water!�

Metal detecting on common or public land is not just about finding relics and artifacts; it’s also about understanding and respecting the laws and detecting code of conduct.

Always do your research, get the necessary permissions, and be aware of local regulations to ensure you enjoy your hobby without any legal hiccups.

By following these guidelines and tips, you can make sure your metal detecting adventures are both fun and lawful.

Remember, the more responsible you are, the more likely you are to be welcomed back and to land other permissions.