High Grading.... Invalid????? claim question.

[bobw53]

So there is this spot... And I want to go check it... I don't want to mine it (yet)... Part of a vein that is on my claim... but a 1/2 of a 1/4 north... I just want to see what is
there (easy to get to) so that I know what I have(better idea of what I have)... I've got a big ass deep hole full of trash, big trash... further down on the vein.

Where this spot is, is an 80 acre placer claim... Its about 4 years old... 30 of those 80 overlay much much older lode claims... The lode claims are owned by a small mining
company, go play, they don't care, just stay out of the big mine... And I'm a stock holder...

So... Since this guys 80 overlay existing claims, does that invalidate all 80 acres? Or just the 30 that are over-claimed? Where I want to check is on the 50, not the 30.

I know its not my job, and I'm not the judge... But could I lay some claims over the 50 or so acres that aren't on the lode claims and when he dies or takes
me to court, I'll still have a valid claim(s)?

I could also call or drop in on the guy, he lives up the road a bit... I'm just curious of the legalities.. I've seen tons and tons and tons of overclaimed stuff
lately... 3 of them, BAM BAM BAM, right over each other, and not a proper marker in sight.

I'm just curious... And hopefully somebody knows the answer.

 

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[fowledup]

Placer cannot be located over a lode. A lode can be filed over a placer with the placer claim holders approval or if it is a known lode deposit and the placer claim holder did not file on it. That being said Nobody has the right to claim over top of a valid mineral discovery.

As to your second part about over filling on the current owner, bad juju, no bueno, bad karma! You could do it, but there may be more to it than that. As you said his claim has validity issues. It first off needs to be amended to 50. Then are you certain discovery of the claim was valid, first in time issues could come into play. Get yourself a BLM claims handbook if you can it's all in there clear as mud. Maybe offer to buy it now if you can get a good enough deal, and agree to sign a contract guaranteeing him access until his passing. Good luck