Claim transfer question.

[Goldwasher]

First time transferring a claim.

Figure I'll post here so everyone can learn.

If we are getting a claim that someone has on a small miners waiver and has done labor for the current assesment year.

Does the labor transfer and we just add to our existing waiver? Claim the labor using the previos owner as the person who did the labor?

Or, do we have to file a Notice of intent to hold like it you do the first year a claim is on the S.M.V. ?

Thanks

 

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[mikep691]

I'm sure Barry will clarify but labor can be performed by anybody. If someone is transferring to you, and you still qualify for SMW then you can add it you your waiver after the transfer is complete and fees paid. When you fill out your POL you can list the labor performed, date and who performed it as long it as it done in the mining year you're claiming it for.

 

[Clay Diggins]

Congrats on the new claim!

The labor and filings obligations transferred to you when you purchased the claim.

The new owner must assure the work is completed and affidavits/filing are on time. If the new owner isn't eligible for small miner's they must pay the maintenance fee for the year in which they buy the claim even though it was under a small miner waiver when they purchased it.

A new claim owner that's eligible for small miner's doesn't file an intent to hold on a purchased claim unless it's the first year for the claim to be under a small miner's waiver. If the claim is in it's second or subsequent year under the waiver an affidavit of labor at the county recorder and courtesy copy to the BLM are still required.

Heavy Pans

 

[Goldwasher]

Congrats on the new claim!

The labor and filings obligations transferred to you when you purchased the claim.

The new owner must assure the work is completed and affidavits/filing are on time. If the new owner isn't eligible for small miner's they must pay the maintenance fee for the year in which they buy the claim even though it was under a small miner waiver when they purchased it.

A new claim owner that's eligible for small miner's doesn't file an intent to hold on a purchased claim unless it's the first year for the claim to be under a small miner's waiver. If the claim is in it's second or subsequent year under the waiver an affidavit of labor at the county recorder and courtesy copy to the BLM are still required.

Heavy Pans

What if it is the first year on the current owners S.M.W. and they filed a notice of intent to hold, recorded at the county and filed with BLM?

All paperwork for current year is in order.
This is not an internet buy it's a purchase from a known trusted owner. Who is also a tnet member

 

[Clay Diggins]

Which mining year? 2020 or 2021?

 

[Goldwasher]

Which mining year? 2020 or 2021?

2021

Current owner added it to his existing waiver. Paid fees for upcoming year. labor has been performed but would be filed later this year. Since it is for this assesment year

The notice of intent to hold has been filed at BLM and Recorded at county.

I just want to make sure that the transfer from his waiver to ours is the way it works. Vs. us having to do a, notice of intent to hold. Since its the first year on my waiver.

 

[Bejay]

I just did an Oct/Sep transfer resulting from my mining partner dying the early morning of n Sep 1. He had a claim that he wanted to leave to his nephew and my partner had done the waiver. He had also signed, and had recorded a Quit Claim Deed transferring the ownership of his claim to his nephew a week before he died. I instructed the nephew that he would have to file and get recorded the affidavit of labor two weeks prior to Christmas....(as the courthouse was closed and everything had to be done by mail). I also performed the same task for a claim my partner and I were partners on. Then of course there is the BLM stuff that needed done for the BLM filings.

Sometimes the doting the "i" and crossing the "Ts" can be confusing. Good points Goldwasher and Barry

Bejay

Bejay