Patent mining claims

[Komfort 282]

I'm looking for the best info on surface vs mineral rights conflicts in small patent mining claims. I own surface rights on a patent mining claim but not mineral rights. My understanding is anyone with even a 1/64 claim can park their camper and a backhoe on my land and start living their by claiming they are exercising their mineral rights. While this may be correct, as a long time realtor, I know of hundreds of home and cabin owners with surface only rights on mining claims where they have not had this occur. I'm curious if any surface only owners have experience in this area. Thanks.

 

[Rosy]

I'm not sure if it's different in the US but in Canada it's been somewhere between 30 and 60 years since mineral rights were included with land titles/surface rights. If no one has showed up in that time, I think you're probably safe.

 

[Fueco]

Hmm, I was under the impression that they could go under your land from the side, but not directly down into it? Or is that just oil and only in Colorado?

There’s been some attempts at getting oil wells put into the open space (County owned) down the street from my home.

 

[Komfort 282]

Hmm, I was under the impression that they could go under your land from the side, but not directly down into it? Or is that just oil and only in Colorado?

There’s been some attempts at getting oil wells put into the open space (County owned) down the street from my home.

Yup, I've heard the 1865 Mining Act can vary state to state as far as how much disturbance/nuisance a miner with mineral rights can become when mining a surface right holders property. My take is that they can disturb only the part of a surface owner's property where they are digging. Whose to say they can't dig up the whole property with a claim. Thanks for your thoughts.

 

[Komfort 282]

I'm not sure if it's different in the US but in Canada it's been somewhere between 30 and 60 years since mineral rights were included with land titles/surface rights. If no one has showed up in that time, I think you're probably safe.

Thanks. I've heard, but I'm not sure, that there may be an expiration on when the mineral claim must be exercised. Good question for our US RVers.

 

[GTS225]

Seems to me that they'd be trespassing on your surface rights, and if they wish to continue, they'd have to purchase a right-of-way or easement, unless they came in from elsewhere, and dug under the surface. BTW.....how far down does the "surface" get defined as?

Just wondering.....Roger

 

[Fueco]

I'm not sure if it's different in the US but in Canada it's been somewhere between 30 and 60 years since mineral rights were included with land titles/surface rights. If no one has showed up in that time, I think you're probably safe.

My mother-in-law make a decent income on the oil rights on family farm in Alberta. My wife’s dad was born on the farm in 1926.

 

[Komfort 282]

Seems to me that they'd be trespassing on your surface rights, and if they wish to continue, they'd have to purchase a right-of-way or easement, unless they came in from elsewhere, and dug under the surface. BTW.....how far down does the "surface" get defined as?

Just wondering.....Roger

Roger, I'm not sure about how far down the surface right goes. I think you are right about having to purchase the part that is disturbed. Even at a market or appraised rate, the disturbance would greatly harm the value of the rest of the property,

 

[sanda]

Hmm, I was under the impression that they could go under your land from the side, but not directly down into it? Or is that just oil and only in Colorado?

There’s been some attempts at getting oil wells put into the open space (County owned) down the street from my home.

A drill pad must be built for the drill rig and associated equipment . These can be very large depending on how many wells they are putting in.
From that point the directional drilling can reach under many other properties .
This minimizes the surface 'foot print' needed to reach the oil/gas
If the surface property owner is a good negotiater this can be very lucrative.

 

[Rosy]

My mother-in-law make a decent income on the oil rights on family farm in Alberta. My wife’s dad was born on the farm in 1926.

My dad had a gas well on the quarter section his parents gave him but it made him maybe $800 a year even when it was actually producing.