# mining claim lines



## danec (Mar 26, 2012)

want some opinions on this.i have a claim that runs along the side of someone elses claim in a small gulch.we are the only ones there.t he problem is he doesnt have his boundrys clearly marked so i dont have a good idea where the line is except my line that i think is right that he tells me is over to far.he once told me he didnt like marking his corners so know one would know where his stuff was.ive proved him wrong in the past over this farther up the hill but since hes become really wierd over the last couple years i dont want to have problems.theres ground in question im positive would be on my claim but cant prove it out right.should i just stand by what i know is right and tell him to take a hike since technially his claims are not even legal the way he has them.


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## rusty (Mar 26, 2012)

danec said:


> want some opinions on this.i have a claim that runs along the side of someone elses claim in a small gulch.we are the only ones there.t he problem is he doesnt have his boundrys clearly marked so i dont have a good idea where the line is except my line that i think is right that he tells me is over to far.he once told me he didnt like marking his corners so know one would know where his stuff was.ive proved him wrong in the past over this farther up the hill but since hes become really wierd over the last couple years i dont want to have problems.theres ground in question im positive would be on my claim but cant prove it out right.should i just stand by what i know is right and tell him to take a hike since technially his claims are not even legal the way he has them.




You guys could argue this until there's the smell of gun smoke in the air, simple solution have your claim surveyed.


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## Oz (Mar 26, 2012)

It sounds as though you would consider losing “some” ground in order to keep the peace with a neighbor that is potentially becoming a bit unstable. Perhaps you could invite him to walk with you using a quality hand held GPS explaining that you wish to be fair while allowing him to leave his corners unmarked. This makes him an equal participant in the solution.


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## rusty (Mar 26, 2012)

Oz said:


> It sounds as though you would consider losing “some” ground in order to keep the peace with a neighbor that is potentially becoming a bit unstable. Perhaps you could invite him to walk with you using a quality hand held GPS explaining that you wish to be fair while allowing him to leave his corners unmarked. This makes him an equal participant in the solution.



One GPS wont cut the mustard, to have accuracy to the centimeter two GPS units tied into a wireless receiver radio with a rover will do the trick.

Link from Canada Resources explains how to survey your claim.
http://www.geod.nrcan.gc.ca/edu/rtk_e.php

And yet another method to survey. Online Global GPS Processing Service 
http://www.geod.nrcan.gc.ca/products-produits/ppp_e.php


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## dtectr (Mar 26, 2012)

Oz said:


> It sounds as though you would consider losing “some” ground in order to keep the peace with a neighbor that is potentially becoming a bit unstable. Perhaps you could invite him to walk with you using a quality hand held GPS explaining that you wish to be fair while allowing him to leave his corners unmarked. This makes him an equal participant in the solution.


[youtube][/youtube] . This will work until the next time he he becomes greedy/jealous/unreasonable. Mining law is very clear and exhaustive. Neither he nor you have a legal right to land and/or mineral not within your claims. By establishing clear boundary markers on YOUR claim you do several things - 
1. You prove you are not interested in any more than you are legally entitled to
2. You establish a legal paper trail, proving your desire to abide by the law. This also puts him on notice, in a friendly sort of way that you will expect him to do the same. 
3. You protect yourself, family, investment. 
Be aware that a straight land area claim's boundary can vary from that of a mineral claim. I can't find my copy of Pearl's "Handbook for Prospectors", but if I recall correctly, it may vary by state, the claim can follow topography, formation or deposit. Make VERY sure what yours covers and abide by it religously. Otherwise that smoke Oz mentioned could be gunpowder.


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## butcher (Mar 27, 2012)

I had a problem with a group of hippie squatters who took over the property next to the property I bought, they were not happy when I bought these woods they grew their pot in, they were slightly encroached on my land, and would get guns and shoot every time I worked that side of the property, (they would not shoot at me, but were trying to intimidate me), well I made it a point to work that corner of the property the most, gun on my hip, never would confront them, the land was freshly surveyed when I bought it, I new exactly where the line was, I boldly moved every thing they owned over to the other side (of the property line) that they owned including old cars and one of their out-houses they used daily, made it clear that they could not bluff me, after a couple of years later the logging company who owned land on adjoining properties was going to log their land, and were contacting property owners of adjoining properties, well when they contacted the owner of the property(who lived out of state) who's land these hippies took over and made an auto wrecking yard out of (I think these were stolen cars as they were parting them out at night), they discovered these hippies did not own the land (been living there for about 20 years parting out cars), soon after this caterpillars were brought in also a car crusher and DEQ, and the property was cleared of hippies and junk cars, including the cars and parts spread out onto the logging company's land, and that land was then sold to the good neighbor I have now, (which neither of use ever bothered to fence the line, as we both agree where it is). I did put corner fence post at the survey pins and we talked about sharing the cost of a fence but never bothered.


Another problem I had a problem with my daughters property, six acre's fenced 3 sides, survey stakes all four corners, the neighbor who owned 25 acres fenced off two acres of my daughters property long before we bought it, he had a large heard of horses and wanted the use of the creek on my daughters property, when my daughter and the realtor tried to get him to move his fence and horses off the property he got belligerent acting like he owned the property and we would have to get a surveyor and lawyer to get him to move his line back to his side, he has used that land and it was his. 

I was not going to spend thousands of dollars to have lines marked when survey pins were clearly there, I cleared the forest along the line, set up a transit and marked the line made sure to mark it two inches over on my daughters side, without his knowledge, had everything prepared without entering the filed in question, then informed the neighbors and sheriff of my intentions of fencing my daughters land, and possible dispute with neighbor over the line. With a .38 on my hip and a 30-30 on the hood of my truck I went in and fenced the line, putting up a good fence safe for his horses complete with top row electric fence, his house was in plain view of what I was doing, luckily he never comforted me, removing his fence and neatly stacking it on his side of the property, and he only complained about a month later to the neighbors (never to me), that I stole his land and put his heard of horses in danger, and has said nothing since, and of course the neighbor’s new he was full of the same stuff them horses leave on the ground that looks like overcooked biscuits. doing this put the cost of resurveying the land and getting a court and costs on his hand to dispute where my fence was, that fence I put up was 635 feet long straight as an arrow (used a laser and sight transit to be sure), two inches on my side of the line, corner posts inside the surveyer pins.

He knew he was wrong, He knew where the survey pins were, he figured he could keep my daughters land because he used it so long and that we would not pay to fight him with a money on survey and court cost and give up on the dispute or he could bluff us with his big mouth, the thing is if I would have not fenced the land, and he continued to use it for 10 years after my daughter bought it, the way the law is written here, he would legally then become owner of this land, and he was hoping to gain it one way or another.

I worked to hard for what I bought to let some yahoo take it from me.
I knew what was mine and so did they.

I would not suggest anyone do this.
But you have to know where the legal boundary’s are, and mark them, try working with the neighbor first, make sure you do it legally,but not all neighbors are reasonable.


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## dtectr (Mar 27, 2012)

See what I said about gunpowder? Lol 
Thanks butcher. I was in south central New Mexico during the boom in the 80's and believe you me, the idea of gold makes some people insane. John Huston's "treasure of the sierra madres" ain't all hollywood. There are always individuals who feel entitled to what they haven't earned. They are often uneducated where it matters most and over educated where it matters least. They are jealous of the achievements of men who have worked harder and sacrificed more than they. They often have invested more money than sweat, and even that ignorantly. They feel that mere proximity to success entitles them to it, as well- then they're certain someone is cheating them when it doesn't materialise. 
Experience teaches us otherwise - I have washed a pan from gravel dug from the same bar - my partner struck colour and I did not. That's chance, which is still a big part of prospecting. My dad used to say, "prepare for the worst and you'll never be disappointed." In NM I learned, "it's ok to trust in God as long as you remember to tie up your horse."


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## danec (Mar 27, 2012)

these are unpatend claims.i think his whole idea is that he can always tell you your wrong about something and you wont really be able to prove it even if you set your lines there always going to be to far over.this guy even thinks he owns the gated road accessing the claims and always runs out to tell people hiking up the road to have fun, that theses are private claims and they dont have the right to enter.its forest service ground,public.he once stopped me from going up the road because i tore up a gate he put on a tunnel that was on my claim because inside there is a side tunnel that crosses over onto his claim and goes into his workings, which by the way its the only way to get into them because all his tunnel entrances are caved.he at that point claimed he owned the tunnel entrance and all the ground around it.we got into in arguement and after a minor assault by him i decided to go to the sheriff,i had enough.the very next day when i told him what i had done he was kissing some ass big time.the sheriff isnt pursuing it so the best i can do is a restraining order.anyways i think im just going to have to mark my lines how i see it.legally if he doesnt have his claims marked right he really doesnt have a claim.


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## butcher (Mar 27, 2012)

I would not argue with him, research, also check with the forest service the papers and documents of claims are filed with, make sure of yours, and his boundary legally filed, they may also have suggestions of how to settle any dispute of lines, be sure where the line is, being sure, where to mark them, mark the them boldly (I would also talk to the local sheriff telling him of what your up to), he may or may not want to help you out with a visit to the mine to help calm any possible trouble), so there is no doubt in his mind where you say the lines are, I think I would not try and work the area for a while, let him then do his research and prove you marked his side of the line, it would be up to him then to contest the boundary, make sure your right, stand firm but patient, do not come down to his level of fighting like school kids over who's playground it is, agree to work with him if he is reasonable and is honestly wanting to agree where the line is.

Since the beginning of time man has fought over boundary’s this is why we mark them and record our marks so everyone agrees on the line, whether they want to or not.


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## dtectr (Mar 27, 2012)

Thanks, again, butcher. The voice of experience - as one who has heard buck shot whip the leaves from straying too close to a salty buzzards claim, caution is warranted.


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