If you stumble across a lost wallet in Rehoboth, a diamond ring on the beach, or a stash of coins in a Delaware park, do you get to keep it? “Finders keepers” is a fun saying, but Delaware’s laws are a little more complicated. Let’s break down what the law says about who gets to keep lost, mislaid, or abandoned property—and what you should do if you make a surprising discovery.
Lost, Mislaid, or Abandoned: What’s the Difference?
Delaware law looks at found property in three main ways:
- Lost Property: Something the owner accidentally lost—like a wallet dropped on the boardwalk or cash lost in the park. If you find something valuable, Delaware law expects you to make a real effort to find the owner or report the item to local police. If the item isn’t claimed after a certain period (usually 90 days), the finder might be able to claim it.
- Mislaid Property: Something left behind on purpose but forgotten (like a ring set on a restroom counter). Legally, this property should go to the owner of the premises where it was found (for example, a store owner), not the person who found it.
- Abandoned Property: If it’s clear the owner meant to discard it (like furniture left at the curb), then “finders keepers” generally applies. But be sure—taking something not truly abandoned could count as theft.
Treasure, Artifacts, and Valuable Finds: The Rules Change
Delaware has a rich history—so if you find something old or valuable while metal detecting or exploring, pay attention:
- Artifacts and Historic Finds: Anything considered an archaeological resource (usually 100+ years old) found on public land belongs to the state. It is illegal to remove, sell, or keep such items without proper permits.
- Shipwrecks and Underwater Finds: The Delaware Division of Historical and Cultural Affairs regulates all finds in tidal waters, rivers, and beaches. Artifacts and treasures from shipwrecks belong to the state, not the finder.
- Treasure Trove or Hidden Caches: Delaware has no specific “treasure trove” law. If you find a cache on private land, it’s usually between you and the property owner. On public land, significant finds belong to the state.
Money, Jewelry, and Valuables in Public Places
If you find cash, rings, or valuables in a public place, Delaware law requires you to report the find to the local police. After a statutory waiting period (often 90 days), if nobody claims the item, you may be allowed to keep it. Failing to report found property—especially if it’s valuable—can be treated as theft.
On private property, the property owner often has a stronger legal claim than the finder, especially for mislaid property.
What If the Owner Shows Up Later?
Even after the police give you found property, the original owner may reclaim it if they have proof and act within the legal timeframe. After that, your claim as the finder is usually secure—unless a court decides otherwise.
Real-Life Examples in Delaware
- Gold Chain Found on the Beach: Turn it in to the police; after 90 days, it may be yours if unclaimed.
- Ancient Coin Discovered While Metal Detecting: If it’s an artifact or over 100 years old on public land, you can’t keep it—report it to authorities.
- Lost Wallet in a Shopping Mall: Turn it in to mall security or local police; it could become yours if not claimed.
Quick Tips: “Finders Keepers” in Delaware
- Make a good-faith effort to find the owner or report valuable finds to police.
- Don’t remove or keep artifacts from public land or beaches—they belong to the state.
- On private property, check with the owner before claiming anything you find.
- Work out agreements on how to split finds with property owners, especially for significant discoveries.
- Be honest—keeping found items without reporting them is illegal.
Final Thoughts: Honesty and History in the First State
“Finders keepers” might make a fun story, but in Delaware, honesty and respect for the law come first. Report lost property, respect the state’s rich history, and make sure you’re following the rules. That’s how you keep your finds—and your good reputation—safe for the next adventure.
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