Why isn entering a property for staking considered trespassing?
Trespass is prohibited by law — but the same law contains an exception. Anyone who has a legal right to go on the land is not trespassing. The Mining Act gives the holder of a prospector’s licence the right of entry on land open for staking. A surface rights owner cannot prevent a mineral rights holder from having access to the land for prospecting and mineral exploration. Unfortunately, in many cases, purchasers and vendors are not aware that a transfer of land may include only the surface rights to the land and not the mineral rights. That is why it is vital that both parties ask all the right questions at the time of the sale, and that they involve a lawyer and ensure that a title search that includes the status of the mining rights is conducted.
