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.

 

[Buc]

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

 

[Buc]

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.

 

[Kevin D Pem]

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.

The law hasn't changed, but mandates have seen claim holders buildings burned and owners removed who wanted to do what I think you are suggesting.

 

[Bigblockyeti]

That mineral rights issue sounds like someone from your state might be able to help, whomever you had title insurance through when it was purchased could possibly be of help too. Here in SC, a real estate lawyer is required for the transaction, in theory this should be a big help if issues arise. My current issue isn't about mineral rights but rather with access off our private road. The (Illegally) self appointed HOA president insists we don't have access, and this is all of the sudden too as of ~2/22 when we've been using the same drive that existed before we bought the property in May '18 then put down gravel in early '19. This was thoroughly vetted through the previous HOA president, a half dozen transfers identifying access in the same language and verbally by "Tim" from the county called on our behalf by the former HOA president. It became obvious we needed a lawyer to iron out this mess for us even before we found out the current prez is being sued by his neighbor for tearing up their tree lawn. My wife last year electively enrolled in a company sponsored (but not free) LegalEASE program, basically insurance covering the cost of an attorney for a variety of different needs, real estate included. The guy we were assigned was great right out of the door, communicating quickly and did a lot of research for us further locking down our case. We hesitated to have a letter sent to the developer (who appears to have been completely out of the picture for several years) and the problem prez until we knew what everyone's intentions were. Well, the prez mowed down a bunch of trees on the our tree lawn and put access limiting rocks on our driveway. I was displeased to say the least so we gave the lawyer the go ahead to put together a letter for us to review then send it. He ghosted us. Zero communication for about six weeks despite multiple attempts to get in touch. My wife finally did via phone call and he's promised us something 3 or 4 times now and failed to deliver every time. She's been in touch with HR who was pitching this program and LegalEASE directly, neither has been much help and we could be staring down the barrel of having to involve yet another lawyer at a completely unknown expense to deal with this issue and possibly the ghosting lawyer as well if he demands payment for service he's failed to deliver.

The short and skinny of it is to make sure you get the right people to get your mineral rights situation figured out, getting almost the right people can double your headache pretty quick!