Digging in road right of way

[605dano]

A county road next to Forest Service Has tailings from old [100 yr.+] placer operation. The road hugs the far side of the right of way. There are private holdings close. Some of the tailings front the private property. Can I dig in the right of way? If I claim the Forest Service does that make any difference? Looks like an old hydraulic operation that was following a pay streak. Can I use the right of way to access Forest Service? Any thoughts?

 

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[IMAUDIGGER]

Looking forward to hearing about how it turns out.

 

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[bc5391]

I've bought and sold several properties here in the western US. all the properties stated that I owned the land, but not the mineral rights. That is not to say you can legally come onto my property and start digging, same applies to easement to roadways.

https://www.nolo.com/legal-encyclopedia/who-owns-the-minerals-under-your-property.html

 

[IMAUDIGGER]

I've bought and sold several properties here in the western US. all the properties stated that I owned the land, but not the mineral rights. That is not to say you can legally come onto my property and start digging, same applies to easement to roadways.

https://www.nolo.com/legal-encyclopedia/who-owns-the-minerals-under-your-property.html

Actually in cases where the mineral estate has been severed with the surface estate...it’s possible someone CAN come digging on your property. Imagine owning something you couldn’t access. The mineral estate is considered an appurtenance to the land if not specifically severed somewhere along the way.

In areas rich in mineral wealth...it’s probably not uncommon to see blanket “just in case” mineral/oil/gas reservations with no intention to ever utilize those interests. There are processes in many states to restore abandoned mineral rights.

After reading your comment several times, I suspect your saying that your deeds have had reservations or exceptions regarding mineral rights.

 

[mikep691]

Most properties in the west were land granted to stimulate migration from the eastern US to these new lands. As time went by portions, or parcels of these lands granted lands were sold off but the mineral rights were retained by the original grantee. Most major cities in California started with land grants. As an example, I want to buy a house in Sacramento, the sale goes through without a hitch. But when reading the dead it states no mineral exploration. I can't even dig a well for my water needs. That land I purchased is only one foot deep. The only way today to get mineral rights and land is through the patent process, which may never be re-funded.

 

[Clay Diggins]

You can still buy mineral rights Mike. Might be pricey and difficult to mine in California but mineral rights change hands all the time.

You can also own the mineral rights on your own claim by perfecting the claim. There is no need for a patent to own the minerals on a valid perfected claim.

Heavy Pans

 

[mikep691]

I understand that you buy rights such as water and minerals Barry, and while you can perfect your claim and own those mineral rights, it won't get you the land with. I'd own mineral rights on a piece of federal land but not own the land without the patent . Since I have never bought land, I'd still think tracking down the owner of the rights to say, a lot in Sacramento, could take years, then totally not worth the effort.

 

[IMAUDIGGER]

I believe in California...Assuming the mineral rights were originally patented or granted...there is a 20 year clock.
If during that 20 year period no exploration or production occurs...AND no taxes are being paid on the mineral rights...AND no instruments are recorded which reserve or transfer, or otherwise evidence the existence of the mineral rights, you can go to your county superior court and petition to terminate dormant mineral rights.

I'm not sure how often this happens, but it doesn't seem terribly difficult.

Obviously the mineral rights were granted in the case of the Rancho New Helvetia land grant.

 

[IMAUDIGGER]

https://codes.findlaw.com/ca/civil-code/civ-sect-883-210.html