Patented Mining Claims

The best way to describe what mining claims are, is to give you an illustration that is pretty much universally understood. Years ago the US government wanted the west settled by pioneers. As a result, Congress created the “Homestead Act”. If a family moved west and took over a 160 acre parcel of land and did certain things to it (clear it, farm it, build their home on it, etc) for a number of years, THEN the US Government would give them a “Homestead Patent” or deed for their efforts. After that point in time, the “homesteader” did not have to farm it or live on it, etc. The land was his to do with as he chooses. “Patent” simply is another word for “deed” from the US government. Essentially, the ownership of all lands west of the Mississippi River originated from patents.

What do you get when you buy a mining claim?

Unless previously reserved by a prior owner or the government (which would be very unusual), you get full title (fee simple absolute) to the surface and the minerals. Title to mining claims can be passed by general warranty deed and title insurance is available as well. Most of the mining claims that I sell, will even have title insurance on the minerals, but be sure to ask me about that for each property. Just like any other land, mining claims are subject to the county building and zoning regulations.

Mining Claim index page