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Trespass Issue Concerning A Well On Patented Land, Purchased 1/3 acre of land from BLM with trespassing well
Gold Hill Miner
post May 2 2017, 11:01 PM
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I bought a third of an acre of land from BLM with a well in trespass. Does my patent include the water rights. Can I just seal the well or disconnect it? The neighbor has trespassed on this land for many years. Adverse possession laws do not apply to government land. I made the purchase in 2011. Grandfathering does not apply.
The people I bought my adjoining property from did purchase the water rights to my existing well because of trespass and claim jumping issues with this same person. I did change the ownership paperwork.
This person continually tries to take patented land by adverse possession.
Normally a disclosure is required for a well in property transfer. This all relates to my previous posts in location certificates & this person causing the BLM to remonument 60 patented mining claimed incorrectly.
I can't find anything related to trespass on the Colorado Water Resource site.



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GHM
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Crusty
post May 3 2017, 04:58 AM
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You bought land from the blm?

If it is patented, it isn't "government land" it is yours.

Your neighbors bought water rights (from you?) But your asking if you own water rights?

Too many unanswered questions to give an informed response.




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Gold Hill Miner
post May 3 2017, 01:11 PM
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QUOTE (Crusty @ May 3 2017, 05:58 AM) *
You bought land from the blm?

If it is patented, it isn't "government land" it is yours.

Your neighbors bought water rights (from you?) But your asking if you own water rights?

Too many unanswered questions to give an informed response.

The land I bought from Blm was purchased to resolve a trespass issue. Unfortunately at the time, I did not know the neighbor was claim jumping and altering the Blms survey while in progress. I ended up repurchasing patented land I already owned.
My surveyor and others have helped prove my original western patented claim is monumented in an alternate location. I was never in trespass and I actually purchased one of the neighbors several trespass issues containing his we!l.
I purchased my existing building lot with a shaft and the water rights to my well, not just the well permit in the 80's. My shaft in now within the neighbors boundary lines. My question is whether or not the new patented lot comes with the water and mineral rights automatically. How do I acquire the water rights if they are not included, if I can have continued use of this well in trespass?
I am not sure I will be able to use the well, I may be required to seal it, since I have an operating well within 100' of this one.
I was also asking if I could turn it off or destroy it myself without the sheriff.
Unfortunately I uncovered a huge Blm mess caused by this guy. Blm recorded no evidence of 60 claim corner monuments and 202 intersection monuments, remonumented and platted all of them in alternate locations during a cadastral survey. These claims are so well marked. The miners up here in the 1800's clearly marked every protruding stone and tree across their claims. On oblique imagery on our county website i clearly see the patented claim lines, the ms #' & claim initials over the ridge lines. The location platt are incredibly accurate! This area burned in 2010. & all the trees are down now exposing all the Shafts and tunnels on this mountain. Someone forgot to move them along with the corner monuments!


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GHM
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