Abandon mining patent?

[Au Seeker]

I had someone ask me about the normal process of ....."Filing a trust on a abandoned mining patent",.... I'm not sure what he's asking, can anyone here that are familiar with mining patents elaborate???

I not sure how someone would abandoned a mining patent, and if they did/could, wouldn't revert back to the government?

[elder-miner]

Whoever asked the question, may not know exactly what they are asking about. There is not really such thing as an “abandoned mining patent”. There are abandoned mining claims that were surveyed for patent, but the patent was never granted for any number of reasons (death, litigation, fraud, etc).

If a mining claim was “patented” & the patent was properly recoded in the Country & State where it is situated. It is “fee simple” private property, subject to State & County property tax. If the taxes remain unpaid for a certain length of time, the County normally sells the property, to recover back taxes owed on it & title passes to whoever bought it from the County.

There are extremely rare instances where a mining claim “patent“ was issued. But, the patent itself was never recorded in the County or State where it was situated. That is a one in several million situation.

You need whoever asked the question, to clarify the situation & what they mean.

[Au Seeker]

Thanks EM,

I was thinking the same thing, just thought that someone with more knowledge on claims and patents might know something I didn't!!

Thanks again,

Skip

[Hoser John]

The process is caledl a "ESCHEAT" as in -just happened up here-a fella dies with no heirs and property is free and clear. No will and no one with a legal right so the property escheats back to the state to do with as they please and thusly now states property then-John