No they can not stake a claim on private property.Only on federal land can they stake a claim.The only thing most don't under stand is do you own the mineral rights as most don't.

If you own the mineral rights, no, can't file a claim.  If someone else holds the mineral rights, they can make use of them.  If the feds have retained mineral rights (it is possible, and happens), then claims can be filed.  Has happened, lode claim was filed on private property because feds had the mineral rights.  But those situations are not common.

Check your deed.

Here is a location which explains about split estates with regards to mineral rights reserved by Federal Government, this is more wide spread than one would think.




https://www.blm.gov/programs/energy-and-minerals/mining-and-minerals/split-estate


https://www.blm.gov/programs/energy-and-minerals/mining-and-minerals/split-estate