mineral rights,whose are they?

[mick jackson]

I live east of a past producing gold mine. I have a creek that splits my property in half coming from there land.is it possible that they still own the mineral rights to what ever I find in my creek?

[Steel Pan]

Only if there is a valid claim.

You can check with your county assessor.

I kinda doubt there is a valid claim.

It should have been disclosed to you when you purchased the prop.

[David Wiseman]

You can check with your county assesor's or recorders office.

[homefire]

There will not be any Mineral rights to anyone other then the Property own unless is in the Deed.

[mick jackson]

thank you .thats what i needed to hear.

[chrisski]

Since you're east of the Mississippi in South Carolina, mineral rights are quite a bit different than West of the Mississippi. That's kind of a generalization. South Carolina doesn't have land administered by the US Forest Service or Bureau of Land Management that you can stake a claim on like you can West of the Mississippi. Even where I am in AZ there's certain instances where you may not have mineral rights on your private property. I don't have the Arizona pub before me, but for private property purchased before a certain date, I think 1950, that was either bought from the state or homesteaded after 1910, the mineral rights may not have been deeded with the property. The point being is that the pub suggests consulting a lawyer prior to purchase if you're interested in mineral rights. The actual pub is Special Report SR23, Manual for Determination of Status and Ownership, Arizona Mineral and Water Rights. I couldn't find it on line and I ordered it from Amazon.

Probably wouldn't hurt to take a pan or two to and try that, but for any type of production you would want to figure out the mineral rights. I don't think the mining law of 1872 applies at all in your state. For out East, I have no idea what laws would. Here, it took me eight months to learn how to stake a claim in central AZ. I can only imagine mineral rights out East are much harder to track.

[Au Seeker]

I'm getting ready to head out the door for work, but later when I return, I will chime in about S.C.

[fredmason]

to the best of my limited knowledge; mineral and water rights are rarely included in subdivided parcels...if you own or don't will be enumerated in the deed/title...

fred

[mick jackson]

I have also heard that the land I'm on was traded by the mining company for an adjacent property north of their mine.they started mining in 1980 and we moved here in 2000. The "land trade rumor" is the reason I wonder. Looking forward to seekers reply later.

[homefire]

Water is ANTHER Issue. You can't piss in the stream cutting your property without issues.

[mick jackson]

If they only knew how often my dogs dropped their "nuggets" in the creek. The mine has 33As.(arsenic) and I think I found some of it. I'm wondering how safe panning is if that stuff is found along with gold.

[Au Seeker]

Mick,

I'll have to return tomorrow to chime in, I got home late and the family has had me going since I got home and it's getting towards my bedtime, 5:00 AM come to soon for me these days.

That being said here's some info on the 33As (arsenic) for you to ponder, hopefully you'l be able to understand some of what this site has to say about the arsenic, I just briefly scanned less than half of the page and some of it is a little technical to say the least.

http://pubchem.ncbi.nlm.nih.gov/summary/summary.cgi?cid=5359596

[elder-miner]

Mineral rights on fee simple private property can be very straight forward, or sometimes extremely complex. Assuming you are buying the property on a contract, generally you should have some form of title insurance. If otherwise banks will generally not finance property. Often you can go to the title insurance company and for a few dollars get copies of every transaction, conveyance or deed involved with the property since the original patent was granted. If any part of the estate was “split” like water - timber - oil - gas - coal - minerals, sand & gravel or building stone it will show up in the title insurance abstract. With the tax ID number, and/or parcel number you can also go to the local county recorder and/or tax assessor and pull every deed or conveyance document involved with the property since the original patent was granted. It’s not tough to do & often takes less than an hour or 2 at the county court house.

[mn90403]

Mick,

Elder gave you your most clear answer. I vote for him. You have the rights or you don't. A title search will tell you. If you know someone at a title company they can do it quickly and sometimes for free from their computer. When I was selling real estate I could call up a title company and have them run the title or I could use an account they gave me. It is pretty simple in most areas.

Mitchel

[mick jackson]

Thank you. B-)