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I’m interested in buying a property with a ‘mining claim.’ What is it and what are some common problems?

The General Mining Act of 1872 established the right for individuals to “stake a claim” on federal land for the purpose of mining, eventually allowing for the conversion of those rights into full ownership through a process known as patenting. While patented mining claims can offer both surface and mineral rights, purchasing one in Colorado is often more complex than it appears. From overlapping claims and severed mineral estates to issues like illegal subdivisions and lingering extralateral rights, prospective buyers must navigate a web of legal and historical complications. This article explores five of the most common pitfalls encountered when purchasing a mining claim and underscores the importance of thorough due diligence.

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