Legal Question in Real Estate Law in Idaho

Re: Lack of Easement to mining claim on Federal Land

First, I wil tel you that you will need to find an Idaho lawyer to give you specific legal advice as I am not licensed to preactice law in the State of Idaho. I can only give you general direction as to what you should ask about.

Idaho has a long history of mining law and customs that are peculiar to that state. You are talking about prescriptive easements, or rights to cross land, that arise because of apparent necessity. Is there an alternative route for access to your claim? How long have you been using this route to your claim? Do you have anything in writing, e.g., a letter or memo, from the land owner regarding the use of this right to pass over his property? Do you know any of the other individuals that still use his land and will they help you (probably not).

You should not delay because there may be something in mining law, of which I know nothing about, that may affect your rights to your claim if you do not access it or work your claim. Make sure that the Idaho licensed lawyer that you talk to is well versed in real property law and mining law. You may be able to find a dual licensed attorney, i.e., an attorney licensed in both Washington and Idaho, in the Spokane area. But, I would get someone knowledgeable in Idaho. Good Luck and if I can help you otherwise, let me know.

Re: Lack of Easement to mining claim on Federal Land

You have probably established a prescriptive easement for ingress and egress over the years pursuant the common law which allows you to continue to cross the property. However, I cannot give you an evaluation on the little information provided by you. If you'd like to come in and let me decide what your probability of winning is then you can call me for a free half hour conference and I'll be better able to give you an estimate of your chances at 208-345-3817.