Elijahfell

"The right to possession is normally transferred if the arrangement contemplates that the transferee will assume a physical relationship to the leased property which gives him control over and the power to exclude others from the property." After the discoveries of precious metals in the western territory, the mineral deposits on the public lands were worked by the immigrants under mining regulations established by themselves, and without any permission from the government, and the courts adopted the fiction that the first appropriator, in accordance with the local mining regulations, had a license from the government to work the mines. More on this topic at:   Get Real Estate License.