Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I have a non-patented mining claim on Federal land, which the

only vehicle access too, is...
I have a non-patented mining claim on Federal land, which the only vehicle access too, is across a patented claim. These were mines operated in the 1890's-1915. The owner of the patented claim does not want to let me cross his property on the existing road to access my claim. Do I have a right to do so?
Show More
Show Less
Ask Your Own Legal Question
Answered in 11 hours by:
7/2/2012
Fran-mod
Category: Legal
Satisfied Customers: 48
Verified
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Ask Your Own Legal Question
Customer reply replied 5 years ago
What other information does "My Expert" need?
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Ask Your Own Legal Question
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 31,008
Experience: Lawyer
Verified
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. We have recently implemented a new payment and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not whether the answer supports your legal position. If you have any questions at all, or there is anything I can clarify for you, please bypass the rating system and click “Continue the Conversation” or "Reply". Choosing either of the lowest two options reflects poorly on me (and not the law), so please reply to me if there is anything I can do to help before choosing those options. I appreciate your patience while we work out the kinks.

There is not an automatic right to cross someone's land to reach your own. However, there are several ways to gain such a right. There are two types of rights to cross land - one is called a license, which is oral, and the other is an easement. A license simply occurs when someone says, "Yes, you can cross my property," and that can be revoked at any time. An easement is in writing, and it can not be unilaterally revoked by the person who owns the land - it's a contract. The starting point here may be the property records - an easement has to be recorded with the Registry of Deeds. If there's already one there, even if the agreement was made with a prior owner, it transfers with the land, so it's still valid. You can cross the land in that case.

Otherwise, you have a few options.
1. You can negotiate with the owner and purchase the right to cross his land, then get a written contract and record it with the county. It's between the two of you to determine a fair price, but you may need to bring in some experts. The holder of the easement, which would be you in this scenario, usually is required to pay for the upkeep of the easement. So, if you're the only one using the road, you have to maintain it. If the other owner also uses it, you'll have to share the costs of maintenance.

2. An easement by prescription occurs where a person uses the land of another, without permission, continuously, for an extended period of time. The use must be open and notorious - sneaking across someone's land in the middle of the night isn't sufficient. The problem is, you have to do it for ten years, which gives your neighbor plenty of time to block your access or have you arrested for trespassing. So, that's usually not the best option.

3. You can bring a suit against your neighbor for an easement by necessity. The law wants land to be used. That's actually why we have laws that allow people to gain the right to use or keep land if they take initiative and the owner lets it happen - it's a matter of public policy. So, if there is literally no way to reach your land, other than across this other person's property (no matter how inconvenient another means must be, if it exists, you're expected to use it), you can file suit against your neighbor asking a judge to condemn an easement for you. You will be ordered to pay for it. The order would then be recorded with the county, and you would have the legal right to cross his property. These cases can be complicated, though, so it may be worth calling a local attorney and asking him to help you. It's not the kind of thing that can be done in Small Claims Court, and most courts aren't going to have forms. Another option is to send your neighbor a letter, via certified mail, explaining that you will sue if he makes it necessary, but you'd prefer to reach a resolution without having to go through the court system. In some cases, that may help.

Good luck.
Ask Your Own Legal Question
Customer reply replied 5 years ago
Good start, thank you. Does this specifically apply to mining claims, as there are many Federal regulations involved? There are "RS 2477 roads", which may apply here. I have read in Federal mining claim Regulations, that one claim holder "cannot" prevent access to another claim and the land I wish to cross is still listed on county records as a claim, even though it is "Patented", which makes it the owners own property.
That's the general rule for crossing someone else's property, where there may not be an established right of way or road. A patented mining claim is considered private land, which is why I was going over the general provisions. R.S. 2477 gives the government the right to build highways over public lands, so that doesn't apply to your situation. I'm going through the federal mining regulations, but I'm not finding specifically what you mentioned. You may want to call your local field office to see if there's anything they can do.
http://www.blm.gov/az/st/en/info/arizona_offices/boundaries.html

Ask Your Own Legal Question
Customer reply replied 5 years ago
I mentioned the RS 2477 reference because there is a visible road which went to the extensive mine workings on the Patented claim, and the old workings on my claim are on the top of the same ridge, a little farther on. Satellite images show the road "leading towards" my workings, but not definitively reaching my mine, though the oldest view is from 1992. Thank You!
You're welcome.

Also, if that's a public road, you can use it. Where the federal government puts a public road down pursuant to authorization by statute, the public has an easement to use it. The owner of the land can't stop you.
Ask Your Own Legal Question
Customer reply replied 5 years ago
The 100 year old "road" goes to and past the neighbors mine, and was probably created just for mining in the area by the company which created his mine, I doubt the Government built the road. The road is just a one lane probable wagon trail, though there is some bank work done on it. If I can find when the neighbors claim was patented, would that make a difference, as in, if the road was "Probably there" to work the mine before the claim was patented, the Federal claim rule that "one claim cannot prevent access to another claim" would apply?
If there's no other way to access your claim, you'll be able to use the road no matter what under the general rule that property should be used. You may need to go into the records to see who owns that road. It's entirely possible that there is a public easement on it. But try talking to BLM first.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 31,008
Experience: Lawyer
Verified
Lucy, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 31,008
31,008 Satisfied Customers
Experience: Lawyer

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have been served small claims court for $10,000.00 for
I have been served small claims court for $10,000.00 for using a wall separating my property from my neighbor's. I have never been billed for this nor has any agreement every been made. There are no d… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,318 satisfied customers
Can i ask you a question about small claims court? Michigan
can i ask you a question about small claims court? … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
I am a Colorado corp. and would like to use small claims
I am a Colorado corp. and would like to use small claims court to set aside a contrac, is this available … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
I filed a small claims against Verizon. Was awarded
I filed a small claims against Verizon. Was awarded $6500.00. However, Verizon filed a motion in district court (not small claims) for award to be vacated. Was granted.Even so, contact states both Ver… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
My son is looking for a small claims attorney in the Omaha,
my son is looking for a small claims attorney in the Omaha, NE area. he had damage to his home, insurance paid to have it repaired but the roof continues to leak. he has made numerous attempts to cont… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I'm a plaintiff needing to immediately in small claims court
I'm a plaintiff needing to immediately in small claims court file a Motion to Strike a Motion to Quash/Dismiss. I have two concurrent small claims cases in two cities. The defendant submitted a Motion… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What happens in a small claims/eviction when a defendant is
what happens in a small claims/eviction when a defendant is not properly served the summons papers … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
What is the highest limit in small claims court in nc.
what is the highest limit in small claims court in nc … read more
Lori
Lori
Juris Doctor
288 satisfied customers
Is there a time frame you can file for small claims in IA?
Is there a time frame you can file for small claims in IA? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
I am contemplating a small claims action and this is my
I am contemplating a small claims action and this is my first. My wife and I purchased two cell phones and related agreements from Victra/Verizon and promises were made; etc. Part of their process is … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
What is the maximum dollar limit for Colorado small claims.
What is the maximum dollar limit for Colorado small claims … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
My small claims court date was postponed by the defendant
My small claims court date was postponed by the defendant from October 24 as he works in China. He set the date for January 4. I have business in Australia until Jan 6. Please list the following Janua… read more
socrateaser
socrateaser
1,031 satisfied customers
My small claims court date was postponed by the defendant
My small claims court date was postponed by the defendant from October 24 as he works in China. He set the date for January 4. I have business in Australia until Jan 6. Please list the following Janua… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
Can a small claims suit be filed within California in the
Can a small claims suit be filed within California in the county where it was delivered vs. the county where the move originated? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
Is it difficult to contest a small claims decision when you
Is it difficult to contest a small claims decision when you feel the underlying decision was not fair … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
It's about my probability in winning a small claims case.
hi it's about my probability in winning a small claims case. could you help me with that … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,387 satisfied customers
Small claims for business. California Orange County. No. Im
1. Is it defense if there is not a signed agreement in place… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,358 satisfied customers
I wanted to file in small claims court, but the contract
I wanted to file in small claims court, but the contract agreement I have is my corporation with an LLC. The template only gives me the option of filing against an individual or a corporation. Do you … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x