Claim Access Options

[Modern Day Miner]

I was wondering about access to a certain claim. There is a closed forest service road that goes through private property. Do I have a right to use this road/trail to access my claims.
Or is this something that would require me getting private property owners permission to go through his land to get to my claims?

Thanks
MDM

[Clay Diggins]

I looked up the area where the park and gate is. The Master Title Plat clearly indicates the land there as private. The Patent numbers indicate the grants were early.

I suggest you study the Master Title Plat, download the patents and patent surveys noted on the MTP and determine if the public way was reserved from the grants. If so the gate can not be closed to the public.

If the public way was not reserved from the patent you may have rights under public doctrine in Colorado State or there may be a servitude or prescriptive easement from notorious and continued use. Those would be controlled by State, not Federal, law.

Before proceeding to enter any land you don't own it is your legal duty to perform a diligent search for the status of those lands. If you had been informed about that land status before posting here the advice you seek could have been tailored to your particular situation.

As it stands you have more research to do before your required due diligence is complete. Get a better grasp on the land status there and you will find informed people here to help you. Until then you should consider all our advice to be uninformed as to the facts.

I am barred from sharing my research tools here but there are several knowledgeable people here who can guide you to the resources you will need. Good Luck and...

Heavy Pans