greginthehills Posted August 2, 2013 Report Share Posted August 2, 2013 Help! The BLM has allowed another gentleman to over file on our placer claim. The BLM says our claim is actually a lode claim, even tho our paperwork says it is a placer claim, and we do not know how to proceed, short of getting a lawyer, which we really can't afford. This claim was a gift to my husband and his brother from their folks. The claim fees are all current. There was one year when we filed late, BLM had us re-file, and we think the claim was erroneously listed as a lode claim at that time, but we don't know why.Does anyone have any suggestions how to proceed? The claim is on Blewett Pass, Chelan County, Washington State. Thank you for your help!! Quote Link to comment Share on other sites More sharing options...
clay Posted August 2, 2013 Report Share Posted August 2, 2013 The BLM has no control over whether someone records a claim over yours. It's strictly a civil matter. It happens all the time.You don't need a lawyer to file a suit. File the suit at the county. Serve the overclaimer and show up for your court date with your current certified county recordings and copies of BLM filings. The court filing fee in Chelan county is $39. If you can't afford that you can ask the court to waive the fees.If your claim is valid and was made before the overclaimer's was you will win in court. Keep a copy of the court order and call the Sheriff if the overclaimer comes on your claim to prospect. Show the Sheriff your court order and be ready to press charges.Not legal advice - hope that helps. Quote Link to comment Share on other sites More sharing options...
AZNuggetBob Posted August 2, 2013 Report Share Posted August 2, 2013 Good advise Clay Ive been through several of these and the bottom line is the BLM does not decide who owns the claimsthey just accept your payment and file your claim. AzNuggetBob Quote Link to comment Share on other sites More sharing options...
greginthehills Posted August 4, 2013 Author Report Share Posted August 4, 2013 Thanks guys! Greg and his brother appreciate your replies. We'll give it a try and see what happens! Quote Link to comment Share on other sites More sharing options...
Ron_L Posted August 4, 2013 Report Share Posted August 4, 2013 I have claims there at Blewett also, and have been filed over before! If they haven't worked it no problem...send them a letter "certified mail" and explain that you are the senior claimant and that they will be committing mineral trespass if they remove ANY minerals!Mineral trespass is a Class C Felony!Filing Placer over Lode and vice versa is a touchy subject and should only be done with mutual agreement.There haven't been too many new Location Notices filed recently in Chelan County...I wonder who it was???Ron in WA Quote Link to comment Share on other sites More sharing options...
greginthehills Posted August 5, 2013 Author Report Share Posted August 5, 2013 Hey Ron! Thanks for your input! I am definitely going to compose a letter to these guys and will include the mineral trespass info from the State! Much appreciated!!! Quote Link to comment Share on other sites More sharing options...
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