Title to U.S. Gold Mines: An Introduction for Canadian Junior Mining Companies

Canadian junior mining companies whose gold exploration and exploitation programs take them across the border into the western United States should be prepared to deal with the myriad of title issues involved in acquiring unpatented gold mining claims. The purpose of this paper is to serve as an introductory outline for Canadian junior mining companies to mining laws of the United States, as well as to relevant laws of some of the western gold mining states. Topics will include the five w's (who, where, what, why and when) of Canadian junior mining companies1 rights and responsibilities in acquiring interests in U.S. gold mining properties by claim staking, lease or purchase. Historic terms of common parlance among U.S. miners, such as "claimjumping" are defined and discussed. Various legal doctrines, such as "pedis possessio" and "good faith" in the location of claims are covered as well. Controversial subjects of contemporary interest are addressed in some detail, such as whether to locate a bulk-mineable disseminated gold deposit with placer claims or lode claims, and whether lodes may be staked over placers. By thus heightening the awareness of Canadian junior mining companies, it is hoped that they can be properly prepared to avoid title disputes, and to win lawsuits when they are unavoidable.