Gifted a Claim - Now What?
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  1. #1

    Mar 2016
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    Gifted a Claim - Now What?

    Say someone has offered to gift you a claim right now.
    What's the procedure? Assume a quitclaim deed is involved...there are probably some fees possibly due..

    What's the verbiage and what needs to be filed with the BLM and County.
    Who needs to file the annual small miners waiver/proof of labor?
    All treasures found with permission on private property or on active mining claims.

  2. #2

    Sep 2016
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    They can gift you the rights to it before it can be given elsewhere or "reclaimed" lets say I don't know the lingo. Im pretty sure unless they say they are going to pay the annual or seasonal fees associated with the claim you will have to take over the fees and pay a usually annual amount. Also you would have to make sure the claim markers are up to show full ownership, if they havnt done so themselves on the claim already.

  3. #3
    us
    May 2009
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    just a transfer of interest

    no reason needed

    there will be recording fees
    Clay Diggins and Asmbandits like this.

  4. #4
    Charter Member
    us
    Nov 2010
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    A copy of the notarized quitclaim recorded at the County attached to a Transfer of Interest of Mining Claim notice to the State BLM office along with a $15 filing fee is all the feds need.

    If the claim is in California you also need to record a Preliminary Change of Ownership Report and provide a Assessor Parcel Number (APN). California is going to hit you pretty hard on the fees for all that. Maybe someone in California can give you more info on the details.

    Heavy Pans
    Asmbandits likes this.

  5. #5
    us
    May 2009
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    [QUOTE=Clay Diggins;6262103]A copy of the notarized quitclaim recorded at the County attached to a Transfer of Interest of Mining Claim notice to the State BLM office along with a $15 filing fee is all the feds need.

    If the claim is in California you also need to record a Preliminary Change of Ownership Report and provide a Assessor Parcel Number (APN). California is going to hit you pretty hard on the fees for all that. Maybe someone in California can give you more info on the details.

    El Dorado County recorder press release.

    “…a fee of seventy-five dollars ($75) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225)…”

    I think they might try to ding you for $150

    Last year my annual recordings of two claims were treat as one "transaction" for the proof of labor.

    But this would be the recording of two different "notices" wouldn't it?

    That would only happen the first year.

    I'll be recording this years in two weeks. I'll ask when I'm there.

  6. #6

    Mar 2016
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    Thanks for the info. This claim was my great uncle's claim. A friend has had it for quite awhile and has offered it to my brother and I.
    It's produced some larger nuggets and still has potential for more.
    Last edited by IMAUDIGGER; Aug 03, 2019 at 04:40 PM.
    All treasures found with permission on private property or on active mining claims.

  7. #7
    Make America Great Again

    Apr 2013
    Oregon
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    if a small miners waver was filed last year you should have him file the assessment or give you a signed copy to file,
    you may be able to get the assessment work done before Aug. 30th but just less mess if his waver had this claim listed.
    once its transferred BLM cant fix issues with the "owner of record" they will sometimes void the claim then you would have to re-locate.
    et1955 likes this.
    " A pessimist is an optimist with experience "

  8. #8

    Mar 2016
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    So understanding this correctly..
    1.) have current owner file Affidavit of Assessment Work (assuming he filed maintenance fee waiver last year).
    2.) record at county the Preliminary Change of Ownership Report, Quit Claim Deed, and Notice of Intent to Hold (assuming I'm going to file for the maintenance fee waiver for the first time).
    3.) send to BLM Notice of Transfer of Interest, copy of Quit Claim Deed, Notice of Intent to Hold? and processing fees.

    Couple questions...where do I get the Notice of Transfer of Interest form? Is this just a letter with specific info?
    Per the BLM processing fees...is it $15 per claim or $15 per owner listed per claim?
    All treasures found with permission on private property or on active mining claims.

  9. #9
    Charter Member
    us
    Nov 2010
    The Great Southwest
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    Quote Originally Posted by IMAUDIGGER View Post
    So understanding this correctly..
    1.) have current owner file Affidavit of Assessment Work (assuming he filed maintenance fee waiver last year).
    2.) record at county the Preliminary Change of Ownership Report, Quit Claim Deed, and Notice of Intent to Hold (assuming I'm going to file for the maintenance fee waiver for the first time).
    3.) send to BLM Notice of Transfer of Interest, copy of Quit Claim Deed, Notice of Intent to Hold? and processing fees.

    Couple questions...where do I get the Notice of Transfer of Interest form? Is this just a letter with specific info?
    Per the BLM processing fees...is it $15 per claim or $15 per owner listed per claim?
    IF the claim is under small miners now have the owner record and file the Affidavit of Assessment Work.

    IF you intend to hold the claim under small miners you would need to file form 3820-2 MAINTENANCE FEE WAIVER CERTIFICATION by August 30. Make sure it's the current version that expires January 31, 2020. Make sure any other claims you hold are also listed on that form. There is no fee for filing form 3820-2.

    IF you intend to hold the claim as small miner do not file an intent to hold. IF you file an intent to hold before September 1 the BLM will assume it applies to the current (2019) mining year.

    IF the claim is under small miners now you do not file an intent to hold. You must instead record and file an Affidavit of Assessment Work by December 30th 2020. It's not dependent on whether it's your first time for small miners it's dependent on whether the claim is in it's first year of small miners.

    There is no Transfer of interest form. Just provide the BLM State office a cover page titled Notice of Transfer of Mining Claim and include these items.
    1. The name of the claim
    2. The BLM serial number
    3. The County book and page of the original Location Notice recording
    4. A physical location description indicating the Meridian, Township, Range, Section, Quarter Section and County
    5. The name(s) and address of the original owner and the new owner(s)
    6. Attach the photocopy of the notarized recorded quitclaim and include the $15 filing fee.

    Heavy Pans
    Last edited by Clay Diggins; Aug 07, 2019 at 12:11 PM.
    KevinInColorado and Rail Dawg like this.

  10. #10

    Mar 2016
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    Thanks again. BLM says it's $15 per grantee per claim.
    Clay Diggins likes this.
    All treasures found with permission on private property or on active mining claims.

  11. #11

    Aug 2015
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    Quote Originally Posted by IMAUDIGGER View Post
    Thanks again. BLM says it's $15 per grantee per claim.
    I just went through this Monday. I had to record a quitclaim deed that was Notorized at the county recorder ($93), Copy of that with your small miner waiver and $15 per name change sent to BLM. Make sure the CAMC# and claim name as well as the legal description from the original NOL are on the quitclaim deed.
    dredgernaut and et1955 like this.

  12. #12
    us
    Author of a book about finding gold in Colorado

    Jan 2012
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    Quote Originally Posted by mikep691 View Post
    I just went through this Monday. I had to record a quitclaim deed that was Notorized at the county recorder ($93), Copy of that with your small miner waiver and $15 per name change sent to BLM. Make sure the CAMC# and claim name as well as the legal description from the original NOL are on the quitclaim deed.
    $93...ouch! I just did a quit claim here in Gilpin CO and it was 13.20

  13. #13
    us
    May 2009
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    Quote Originally Posted by KevinInColorado View Post
    $93...ouch! I just did a quit claim here in Gilpin CO and it was 13.20

    $75 dollar MINIMUM tax on any real estate transaction. Plus recording fees.

  14. #14

    Aug 2015
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    Quote Originally Posted by KevinInColorado View Post
    $93...ouch! I just did a quit claim here in Gilpin CO and it was 13.20
    Commiefornia bytes.

  15. #15
    bug
    bug is offline

    Jun 2008
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    I always figure high fees help keep ground open. If claims cost nothing to record and file, there would be nothing to slow the claim flippers who would go staking away every last piece of ground.
    standard8 and Goldwasher like this.

 

 
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