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Lode claim over placer claim?

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I was looking at a claim in the lynx creek drainage area yesterday and the guy showing us the boundaries told me there is a couple small patented silver claims just up the hill and that if I bought it and found a lode vein within the placer claim that I would want to file a lode claim over that too, because since there is alot of public use hiking trails running through the claims, if somebody else stumbled across it, they could file a lode claim over my placer claim and I would lose that area from my claim. Is that really the case?? If that is so, other than my personal ethics, what would stop me from legally just going back and staking a lode claim for 300' each side along the one running creek that goes through the claim and what would amount to a small piece of somebody elses claim and taking the one piece of ground that is probably worth what he is selling instead of buying his?

I picked up a couple small pieces of very mineralized quartz float (near some other small old diggings) amounting to about the size of a softball combined. I brought them home, crushed it up and found what I would guestimate to be about 100 pieces of very fine flour gold, mixed with what I assume is some silver too, as it is lighter than the gold but heavier than the black sands that I still got in the bottom of the pan... there was also one small piece of fine wire silver about 1/2" long that appeared when I was crushing the rock. I had flattened it out and it had jagged edges, when I picked it up, I moved it between my fingers a little and it crumbled in my hand into a bunch of small sharp metal flakes. I saw the rock sticking out of the ground that this float came from, so by that same theory, I could just go file a lode claim over that small corner of the claim he is selling... just does not seem like that is right too me, and like I said, I would not do it, but my question is, is it legal? Because if legal, there are people out there that will do it! It seems to me that once you file the placer claim, nobody should have any right to even be looking for any minerals which would include a lode claim which should invalidate theirs anyway... I guess in my case, at least I was there looking with with permission and with somebody that introduced herself as one of the five people I know from my research to be listed on the claim.

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Once you hold the placer rights or for that matter the lode rights, NO ONE is legally allowed to prospect on the ground the claim covers without you permission. Hiking in or camping on the claim while legal does not allow them to prospect and therefore they cannot file a valid claim on the ground. They may very well file a claim over yours and guys do it all the time but you can easily win against them in court which is where you will have to go to fight it out. BLM is happy to take new money for claims filed over each other.

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Lotsa Luck is 100 percent right.

The only way you can file a legal lode

claim over a placer claim is if you have

permission of the placer claimant,or own

the placer claim.

I have won this situation in court. If

you own the placer claim,you can file a

lode claim over it,if you find a lode.

You can not file a legal placer over a

lode for any reason and gain rights.

Be very cautious about filing lode

claims. A legitimate discovery is a lot

harder to prove if contested on a lode


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Thanks guys, That is what I thought, glad to hear that is the case, that is how I read it too. I think he was just warning me that If I did buy it and happen to find a nice vein that I should protect myself by filing the lode claim so I did not risk having to prove it in court if somebody happened upon the same vein and tryed to make the claim over it. Knowing it would legally be an invalid claim is what I wanted to hear.

The whole situation has me leary from the start, as the claims are only less than a year old. They readily admitted they only staked them to resell them, since he did not have work and she knew how to research for open ground and he knew how to stake it out. The proximity to Lynx was the key with these claims, it's boundary is the withdrawl area. The person I have been talking to about it is one of the 5 names listed in the associated claim, but the guy with her showing us around was her ex and who staked it and was not one of the owners, when I ran his name, he did already have 10 other claims...

I was more thinking he could possibly already know where a lode vein is located and then after he sells me the claim, goes and files the lode claim over a chunk of the placer claim he just sold me... I did not have any time to even sample much of anything besides picking up the couple pieces of float, was a little overwhelmed by the steep up and down boundaries of 100 wooded acres up there... and my prospecting experience up until now is limited to the desert and a very little in lynx creek itself... Then I got busy for over a year and could not even get out at all, so I started reading all I could on prospecting in general including geology, which seemed confusing just reading, but him pointing out changes in formations and types of rock made the trip well worth in for my learning experience, he was showing me the same thing I read about and it sunk in very well. The above question came from something he said I thought was contrary to something I thought I knew.

I had planned a camping trip up that way for later this week anyway, but went up Saturday because they were going to be there showing an adjacent claim. Right off, I saw some nice exposed bedrock, both in the creek and then also standing in rows (like sluice box riffles) across a fairly steep hillside down to the creek that I want to go run the detector over a little and maybe run my sluice in the creek while it is still running and just check it out a little more, since I have permission. Already leaning heavily toward it, but finding a nice little first nugget would probably seal the deal for me. I have yet to find

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