40 acre claim-one owner Hoser?

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40 acre claim-one owner Hoser?

Postby Plumas » Sat Sep 22, 2018 7:03 pm

Here's the deal. My dad and I located a 40 acre claim together in the early 90's. Dad, now 87 with failing health probably won't be around to sign next years maintenance fee waver. Trying to look ahead, he signed a quit claim deed which transferred his 50% ownership to me and I recorded it with the county last week and mailed a copy to BLM with $10.

My question is can I continue to own this claim on my own or do I need another name on the claim? I have always been under the impression the 20 acres per person rule only had to do with locating a new claims but now, Now, I'm also hearing the 20 acres per person rule applies to ownership of an existing claim if one owner dies or relinquishes interest. Bottom line.. Does an existing 40 acre claim require two owners?

What's the scoop?

Plumas
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Re: 40 acre claim-one owner Hoser?

Postby rivraton » Wed Oct 03, 2018 10:11 pm

OOPS :oops:
Last edited by rivraton on Fri Oct 05, 2018 12:18 am, edited 1 time in total.
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Re: 40 acre claim-one owner Hoser?

Postby LipCa » Thu Oct 04, 2018 9:56 pm

You only file an amended location notice if you change the description. Not for transferring ownership..... Read what you posted ;)
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Re: 40 acre claim-one owner Hoser?

Postby Plumas » Fri Oct 05, 2018 12:38 pm

I don't think you are understanding my question. (But I appreciate the reply)

Forget the amended location. The short and sweet: Can I own a preexisting 40 acre claim as an individual?

Thanks,
Plumas
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Re: 40 acre claim-one owner Hoser?

Postby Hoser John » Sun Oct 07, 2018 10:09 am

The rules are changing so fast I can't keep up-illegal ?-and state by state -yet again illegal. Call your state blm information room and get operators name,date, time and ask. You could ,should be able to own I've quit claimed many times before but in todays insanity?? Please post anything you find out and what state-I know crazy but....... :( John
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Re: 40 acre claim-one owner Hoser?

Postby dickb » Sun Oct 07, 2018 3:11 pm

I'll admit I have no idea what the law says now, but....

If you own a deed to 40 acres and have had it recorded prior to the death or dis-interest of one of the partners and the 20 acre rule is correct. Then why can't the claim be legally split into 2 - 20 acre claims and deeded as such and then each 20 acre claim be owned by one (same) person. One person should be allowed to own more than 1 claim.

Just thinking out loud but interested it what your asking.

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Re: 40 acre claim-one owner Hoser?

Postby Plumas » Thu Oct 11, 2018 7:22 am

Thanks to all.

It's a California claim. It gets sticky in that as I read the book it implies you can. Two phone calls to BLM Sacramento, on different days, with different people on the phone gets two different answers. One saying yes and the other saying no claiming that their "Adjutant" will eventually catch on and I'll have to add an additional owner to the claim. He also mentions that they are pretty backed up and it could take years for the Adjutant to notice.

So leaves me wondering if I screwed up by having my dad sign his interest over to me instead of my wife. Recording a new quit claim deed and transferring half of the claim over to my wife is certainly possible.. I just get sick to my stomach every time I go into the recorders office and have to shell out an additional $75 bucks to help poor people buy houses under SB2. Brings the recording fee up to $90. Should I play it safe and avoid a future headache, bite the bullet and shell out the $90 and quit claim half to my wife? Do I legally have to?

Could be good lesson for the group and all opinions welcome.
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Re: 40 acre claim-one owner Hoser?

Postby russau » Thu Oct 11, 2018 9:08 am

What ever you do........... GET IT IN WRITING !!!!
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Re: 40 acre claim-one owner Hoser?

Postby Hoser John » Sun Oct 14, 2018 10:41 am

:shock: (*&^%$#@ bs blm
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