auendave

The question I have with that method is staking before the 90 days is up requires you to make a discovery first. How do you make that discovery on a valid claim without comitting mineral trespass?

 

I guess you could make a discovery on an adjacent portion of unclaimed land (assuming there was one) and make your borders enclose part of the other person's claim. With a placer claim I guess you could show in court that the deposit was easily inferred to be located on the other claimaint's land. With a lode it might not fly though, especially if your discovery had no actual exposed veins.

you have that correct in that you cannot  make the discovery until the 90 days are up.  you cannot make a discovery on another piece of land and infer the deposit was on someone elses claim

the claimant have until DEC. 31 to file their proof  of labor so if a wavier was filed  the blm cant close the claim intil after dec 31

Risky business. Let's say a guy is doing that, just refiling at county every 90 days. I become aware of this. So I go in and quietly stake the ground just before the 90 days runs out, except I go straight to BLM and file with them also. If guy waits until the 90 day mark and refiles at county level, the chain to perfecting the claim breaks and they are now my claims.

seems to me that if you file the claims with the county and then go to the blm and file before the 90 days are up you would not become the owner of the claims after the previous claim owners 90 days are up because your claim is invalid because you over filed his, you would still have to beat him to filing the papers after the 90 days are up.