This one is actually pretty easy once the terms are defined.  A patented mining claim means you own the underlying property along with mineral rights to that property.  And an unpatented mining claim means you don't own the property, just the mineral rights to prospect on that property.

It is entirely possible to purchase a parcel of land only to find out someone else owns the mineral rights (aka, a mining claim) to your land.  Be sure to do your research the next time you buy property!

With a patented mining claim, the land is yours and you can do what you want with it (within local regulations and ordinances).  This usually means you could build a house on the land, live there, raise animals, prospect, whatever.  Oh, you also “get” to pay property taxes every year.

With an unpatented mining claim, things are a little bit different.  Since you don't own the land, you can't build a house or live there.  But you also don't have to pay the property taxes.  In most states, you can camp on the land for a pre-determined length of time (usually two weeks) so long as you are prospecting.  I've known prospectors who go all summer on their unpatented mining claims.  They simply choose a new spot to camp every few weeks or have several claims in one area and rotate working on each of them.  Some states are more lenient than others so it helps to check with the local BLM office before making any plans for an extended stay on an unpatented mining claim.

While the main difference between an patented and unpatented mining claim is who owns the land, there is one thing in common for all mining claims: YOU own the mineral rights.  This means you are the only person who can prospect (or grant the right to others to prospect) for precious metals on that property.  It is illegal for others to remove precious metals from your mining claim without permission... even if the person doing it owns the property.

I hope this clears up the differences between patented and unpatented mining claims.  Stay tuned for more gold prospecting articles and be sure to check out our wide selection of claims for sale.

Good Prospecting!