160 Acre Unpatented Mining Claim Property Deed


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Item specifics - Land

Area Acreage (acres):	160.00	Zoning:	Commercial
Property Address:	Canyon Lake City Limit	Type:	--
City:	--	Zip/Postal Code:	92570
State/Province:	California

I have this 160 acre mining claim on the back waters of Canyon Lake. This property borders the city limits of Canyon Lake. I had big plans for mining there and enjoying the view and property. I now live in texas and its hard to get out there. I will put down a bunch of information on the rules for mining claims but it is best that you go research it for yourself on the BLM Website. This Claim is overseen by the Palm Springs Office.

Contact me for Claim Number

Here are the basics of Claim use

What's the difference between an unpatented gold mining property or MCP and a patented gold property or MCP? Mining claims are in either of two categories: unpatented mineral claims and patented mineral claims. Under the Mining Law of 1872 (30 U.S.C. 21 et seq.), an unpatented claim gives a claimant a property right interest to the minerals in the claim and the right to use as much of the surface and its resources as necessary to extract the minerals. The Mining Law of 1872 also establishes a process by which a claimant may bring a claim to patent. When patented, actual ownership of the minerals and usually the surface resources pass from the United States to the claimant.

Can I convert my unpatented MCP to a patented MCP? Since 1995, Congress has enacted one-year moratoriums on the issuance of patents, whereby new mining patents generally will not be issued, but grand-fathered applications will be processed. However currently it is in congress awaiting vote.

What good is an unpatented MCP (mining claim property)? What can I do on it? The owner may choose to mine the property or not. If an owner chooses to engage in the actual exploration, development, and production of his mining property, he must notify the BLM and file the proper paperwork. If an owner chooses to mine on his property only occasionally, that's OK too. However; if one chooses to actively mine his claim, he is allowed to live on the property full time, and may build temporary (and in some cases...permanent) structures. And yes, a prudent man is allowed to recreate on his property in his spare time. In either case, maintaining ownership of your mining claim property requires the filing of certain documents and fees to be paid annually to the BLM.

What legalities / paperwork are involved with buying an unpatented gold mine property or MCP? Each state and county may have their own requirements concerning the transfer of ownership of an unpatented mining claim. Typically, just as in any real estate transaction, all that it needed for the transfer is a quit claim deed filed with the county and BLM.

Is the land mine? The United States Supreme Court case of Wilbur v. U.S. ex rel. Krushnic, 280 US 306 (1930). The Supreme Court said; When the location of a mining claim is perfected under the law, it has the effect of a grant by the United States of the right of present and exclusive possession. The claim is property in the fullest sense of that term; and may be sold, transferred, mortgaged, and inherited without infringing any right or title of the United States. The right of the owner is taxable by the state; and is "real

property". The owner is not required to purchase the claim or secure patent

from the United States; but so long as he complies with the provisions of the

mining laws, his possessor's right, for all practical purposes of ownership,

is as good as though secured by patent. In essence, you own the mineral rights and may use as much of the surface as reasonably necessary for mining your property.

Can I live on my MCP? Yes, however...all buildings, equipment, fences, signs, roads, any man made changes on the mining claim, must be reasonably incident to mining and included in a Notice or Plan on file with the Bureau of Land Management. If the building or equipment is NOT used for mining or milling purposes it must be removed and stored off the mining claim. Structures must meet all local and state building codes. If the structure is large enough for a person to occupy, even if not intended for occupancy, it must meet all building codes that apply. Any temporary structure, even a travel trailer, needs a permit from BLM to be located on Public Lands beyond the 14-day limit. Travel trailers do not meet the Uniform Building Code Standards. All inhabited buildings must have power, water, and sanitation. If residential occupancy or a watchman is necessary, the watchman must occupy the property 24 hours a day, 7 days a week, until unnecessary. If the site is left without a watchman at any time, the watchman is not necessary.

Can I build on it? See statement above.

Would it be possible to put electric and sewage on the property? See statement above.

How much are taxes? BLM requires an annual maintenance fee of $125 to satisfy assessment requirements. There also exists a small miners waiver...if one owns less than 10 mining claims. In essence, actual labor can be performed as well to qualify as assessment work.

Do I own the property or just the mining rights or both? The locators of all mining locations made on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim existed on the 10th day of May 1872 so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface

Included within the lines of their locations. You own only the mineral rights until a patent is secured from the government. Presently, there is a moratorium on issuance of patents however this is subject to change in the near future.

I've never mined or prospected for gold before in my life! Where do I begin? There are a multitude of Gold Mining Web sites where one can learn how to get started as well as thousands of books written on the subject.

How long have the laws for owning and maintaining MCP's been around?

The General Mining Law of 1872 is the major statute that direct the federal government's land management policy. The law grants free access to individuals and corporations to prospect for minerals in public domain lands, and allows them, upon making a discovery, to stake a claim on that deposit... Currently, mineral claimants must pay an annual maintenance fee of $125 per claim to hold the claim. Once a claimed mineral deposit is determined to be economically recoverable, and at least $500 of development work has been performed, the claim holder may file a patent application for title to both the surface and mineral rights. If approved, the patent can be obtained for $2.50 or $5.00 per acre depending on the type of claim. Presently, because of the moratorium on issuing Patents, no applications are being accepted. This can change in the near future

Sometimes forest roads are gated and locked up. Can I be locked out of my MCP? The owner of an unpatented mining claim cannot be denied access to his property by federal law. If a locked gate is preventing you from accessing your claim, the Forest Service, BLM,State (or appropriate agency) must provide you with a key.

What if I find silver or platinum or diamonds on my MCP? You own all the mineral rights to your mining claim and are not required to pay a royalty to anyone for extracting such minerals.

Does whatever I find on my MCP belong to me? see above

What if I want to sell or give my MCP away? Mining claims and sites are considered real property! The interest in them and associated rights may be bought, sold, transferred, leased, rented, willed or inherited.

What paperwork is involved in transferring my MCP? Typically, a quit claim deed is all that is necessary to execute the transfer from present owner to future owner. Some people prefer a Warranty deed instead of an "quitclaim deed. But either one will suffice.

Questions and answers about this item


	Q: IF... I hit the buy it now button, Would you take 20% down payment and finance the rest? I am very motivatd, have excellent feedback and have a couple of other gold claims in Northern Ca. This one looks awsome!!! But... Continue reading A: I will consider all offers. Email me at matt@austinwelding.com and lets see if we can work something out. Thanks!	Nov 08, 2009

	Q: Dear Sir: I am interesting the claim, but I have some questions that I would like to ask. 1. Will you re-sell this claim if there is no one to buy it? Because I have no cash but will have at end of month. 2. Do you have... Continue reading A: Yes I will still sell the claim at a later date. No This is the only Claim I have. The BLM prefers you Pan but you can file for a dregging permit. Yes There are lots of really nice places to build temporary shelters on the... Continue reading	Nov 06, 2009
	Q: what type of mining was done here, if any? does the property include any waterfront? thanks marcus austin TX A: No Mining has taken place that I know of. Yes the water run threw the property.	Nov 06, 2009

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Item location: Austin, Texas, United States

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