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Author: Admin | 2025-04-28
Being led to believe - you are buying fee simple private property, with the right to build a vacation cabin, home, lodge, ranch, farm, church or commune on it ---because -- you are either mistaken, being mislead or lied to.Common sense dictates that no seller in their right mind, would ever offer a large acreage of readily accessible, scenic desert, beautiful forest, or mountain meadow fee simple land containing year around streams or river frontage for an absurdly low price. Moreover, if the land is heavily timbered, the timber alone could be worth ten's, if not several hundreds of thousands dollars. If the property were indeed normal (fee simple) real estate, the seller would be foolish not to subdivide it into much smaller tracts, and offer those individually through a local Realtor, at much higher per parcel prices. These obvious facts should loudly warn you to inquire, research, perform due diligence, and clarify exactly what it is -- being offered for sale. The second largest potential for gross misunderstanding about unpatented placer gold mining claims, is what makes one VALID. A placer mining gold claim, as a matter of public record can be located, recorded & fully maintained, yet be INVALID. Mining claim invalidity can occur by any number of means, an inexperienced person would not see, nor even know. The purpose of U.S. Mining law is to allow a claimant who has discovered an applicable mineral, on lands open to mineral entry, to acquire, mine & patent it. The initial KEY factor being - that a discovery of valuable mineral deposit exists within the claim. Because, if one does not, the mining claim is INVALID. On a placer gold claim, at the very least the locator must show a discovery of gold, that is worth the effort to develop and mine, by any permissible means, to eventually produce a profit. That is called "The prudent man test". Meaning a "prudent man" would not invest his time, labor, or capital attempting to develop a mineral deposit that could never be profitable.The next test is called a "marketability test". Meaning, if you do produce a mineral, is there a market and can the mineral be sold at a profit? Obviously, if one can produce an ounce of gold, below market price, a profit potential exists. Assuming all else is in proper order, if a placer mining gold claim can pass a "Prudent Man" and "Marketability" Test, the placer gold claim contains a "valid mineral discovery", meaning - on it's face, it is VALID. A valid unpatented placer mining gold claim is both real estate and private property, with Constitutionally protected title and rights conveyed by recorded deed. Ownership does not carry
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