Claim owner liability

[spillercanyon]

I have a local miner that is asking to dig on my claim in California. I don't have a problem with him digging on the claim but he keeps bringing up dredging. I've told him I don't want him dredging on my claim and he has reluctantly agreed but I'm not 100% sure he won't. My question is if he were to dredge on my claim and gets caught, am I liable for his actions? Could I lose my claim because of his wrong doings or incur a fine? I just want to make sure I am clear on the risks before granting him access to my claim.

Thanks.

 

Amazon Forum Fav 👍

DR.ÖTEK Metal Detector, Waterproof Gold Detector, Pinpoint & Terrain Modes, Professional Metal Detector - Grab it through Amazon!

[IMAUDIGGER]

So the guy let you know that he wanted to "dig" on your claim and violate laws by dredging. He has told you that he won't dredge, but your instincts are telling you he is potentially dishonest...and you are still considering granting him permission? What am I missing here? You must be getting a percentage of the gold he finds? If so, you probably do have some potential liability.

From the sounds of it, I'd say he may have already been digging around on your claim...found some gold...and will be sniping your gold even if you tell him no dice.

 

[boogeyman]

Get ahold of an attorney or one of the companies that does legal documents for you. Have them draw up a contract stating what you'll allow him to do on your claim and what tools and recovery techniques he can use. Add in that he's responsible for any legal fees fines etc brought by his actions on your claim. If he signs it cool! If he signs it it'll be an incentive for him to go by your rules and you have a leg to stand on if he doesn't. If he doesn't want to sign a contract, that's that! Problem solved.

 

[Clay Diggins]

There are a lot of reasons why you might not want to share your claim with another. Fear of losing your claim because someone, including yourself, dredged on the claim just isn't going to happen.

Mining claims are a claim of right of discovery of valuable minerals on federally managed public lands open to location. The dredge ban is a California State administrative permitting issue - not federal. State laws can not take your mining claim from you. Mining claims are federal and dredging permits are State. States can't take federal rights from you. No State can take your mining claim from you.

It sounds like you don't trust this person to tell you the truth. They may dredge even though they say they won't? Any person with permission to prospect your placer claim could legally discover a lode deposit and make a valid lode claim right over your existing placer. That right there is reason enough to not let others prospect your claim without a detailed written agreement. These lease and exploration agreements are very common in mining, just a part of doing business. You might want to learn the business of mining before sharing your mining claim.

There are many potential hazards to allowing anyone to prospect your claim without a written agreement but fear of losing your claim because someone dredges there is not one of those hazards.

Heavy Pans

 

[IMAUDIGGER]

Being blamed for damages done to public lands is also another potential problem.
Trees cut, mercury spill....stream banks damaged...trash....large excavations....your word against theirs as to who did it.
You may get stuck restoring/cleaning things up.

 

[spillercanyon]

Thanks for the responses. I don't have a lot of faith in his actions and don't know the legal aspects of mining beyond staking a claim and what I can do on that claim personally. I prospect primarily by myself and occasionally with my wife and son because of the problems associated with dealing with others (and I love the tranquility of being in nature alone), I think I will continue to do so. I'm as happy as can be when prospecting and by keeping my claim to myself and family, I can continue in my world of bliss.

Thanks again!

 

[Goldwasher]

that sounds pretty smart

 

[ClaimStake]

this is why it's best to spend some time getting to know the person before making any agreements with them.

I would hang out with them a few times "at least" before showing them your claim. sadly it looks like they already know your spot.

if you're concerned that someone is digging on your claim. get a couple trail cams and hide them well.

 

[Frank Tillman]

I have a local miner that is asking to dig on my claim in California. I don't have a problem with him digging on the claim but he keeps bringing up dredging. I've told him I don't want him dredging on my claim and he has reluctantly agreed but I'm not 100% sure he won't. My question is if he were to dredge on my claim and gets caught, am I liable for his actions? Could I lose my claim because of his wrong doings or incur a fine? I just want to make sure I am clear on the risks before granting him access to my claim.

Thanks.

I'm an attorney, I'm not going to give you any legal advice specific to you or your question, but a generalized
statement. Agency, partnership, negligence, lying to government officials, etc.
You don't want to be responsible for someone else's actions. SH#T HAPPENS!

The legal system is far from perfect.

 

[Hoser John]

If you don't think you can trust him then you can't. Listen to your internal barometer in these issues. Some call it a hunch,gut feeling, premonition etc , but are you close enough to keep a eye on that claim?? You can look at the history function on this forum and find dozens of great forms limiting your liability, I've posted a few in the past along with many others. When in question don't...John

 

[spillercanyon]

I'm usually one to look out for myself and family first, perhaps the Christmas holidays has fogged my ability to follow my instincts as Hoser so appropriately pointed out. I'm always sure to get some good opinions and a dose of reality on this forum, that's why I like it so much. I have absolutely nothing to gain and my life's joy to lose, seems pretty clear cut now that you've all removed the fog.Thanks again and I'll post some pictures of gold as soon as I get through New Years!

 

[Frank Tillman]

If you don't think you can trust him then you can't. Listen to your internal barometer in these issues. Some call it a hunch,gut feeling, premonition etc , but are you close enough to keep a eye on that claim?? You can look at the history function on this forum and find dozens of great forms limiting your liability, I've posted a few in the past along with many others. When in question don't...John

You can limit your liability among each other, you can have reimbursement clauses, but you can't contract
your duty to others away, such as negligence on your part contributing to the harm, allowing it to happen.

 

[russau]

You can limit your liability among each other, you can have reimbursement clauses, but you can't contract
your duty to others away, such as negligence on your part contributing to the harm, allowing it to happen.

Considering the sue crazy attitude that is so prevalent in todays society , I would listen to the good advice that has been given to all of us !

 

[Hoser John]

EXPERIENCED IN GETTING . Gold fever is the ultimate corruptor....unfortunately....got stories for days of burns, bummers and ingenious ripoffs-John

 

[spillercanyon]

I've seen some normal well mannered people turn down right ugly when gold enters the equation and found that it's not necessarily the value of the gold found but the vivid imagination of what they believe they MIGHT find. That's gold fever.

Merry Christmas and happy prospecting.