# 43 CFR § 3871.5: Termination of adverse suit

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-43-3871.5

## Section

- **Citation:** 43 CFR § 3871.5
- **Heading:** Termination of adverse suit
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 43—Public Lands: Interior > Subtitle B—Regulations Relating to Public Lands > CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR > SUBCHAPTER C—MINERALS MANAGEMENT (3000) > PART 3870—ADVERSE CLAIMS, PROTESTS AND CONFLICTS > Subpart 3871—Adverse Claims

## Text

(a) Where an adverse claim has been filed and suit thereon commenced within the statutory period and final judgment rendered determining the right of possession, it will not be sufficient to file with the authorized officer a certificate of the clerk of the court setting forth the facts as to such judgment, but the successful party must, before he is allowed to make entry, file a certified copy of the judgment roll, together with the other evidence required by R.S. 2326 (30 U.S.C. 30), and a certificate of the clerk of the court under the seal of the court showing, in accord with the record facts of the case, that the judgment mentioned and described in the judgment roll aforesaid is a final judgment; that the time for appeal therefrom has, under the law, expired, and that no such appeal has been filed, or that the defeated party has waived his right to appeal. Other evidence showing such waiver or an abandonment of the litigation may be filed.
(b) Where such suit has been dismissed, a certificate of the clerk of the court to that effect or a certified copy of the order of dismissal will be sufficient.
(c) After an adverse claim has been filed and suit commenced, a relinquishment or other evidence of abandonment of the adverse claim will not be accepted, but the case must be terminated and proof thereof furnished as required by the last two paragraphs.

## Nearby sections

- [43 CFR § 3871.1 § 3871.1 Filing of claim.](https://www.frixlaw.com/law-library/statutes/ecfr-43-3871.1.md)
- [43 CFR § 3871.2 § 3871.2 Statement of claim.](https://www.frixlaw.com/law-library/statutes/ecfr-43-3871.2.md)
- [43 CFR § 3871.3 § 3871.3 Action by authorized officer.](https://www.frixlaw.com/law-library/statutes/ecfr-43-3871.3.md)
- [43 CFR § 3871.4 § 3871.4 Patent proceedings stayed when adverse claim is filed; exception.](https://www.frixlaw.com/law-library/statutes/ecfr-43-3871.4.md)
- [43 CFR § 3871.5 § 3871.5 Termination of adverse suit.](https://www.frixlaw.com/law-library/statutes/ecfr-43-3871.5.md)
- [43 CFR § 3871.6 § 3871.6 Certificate required when no suit commenced.](https://www.frixlaw.com/law-library/statutes/ecfr-43-3871.6.md)
- [43 CFR § 3872.1 § 3872.1 Protest against mineral applications.](https://www.frixlaw.com/law-library/statutes/ecfr-43-3872.1.md)
- [43 CFR § 3872.2 § 3872.2 Procedure in contest cases.](https://www.frixlaw.com/law-library/statutes/ecfr-43-3872.2.md)
- [43 CFR § 3872.3 § 3872.3 Presumption as to land returned as mineral.](https://www.frixlaw.com/law-library/statutes/ecfr-43-3872.3.md)
- [43 CFR § 3872.4 § 3872.4 Procedure to dispute record character of land.](https://www.frixlaw.com/law-library/statutes/ecfr-43-3872.4.md)
- [43 CFR § 3872.5 § 3872.5 Testimony at hearings to determine character of lands.](https://www.frixlaw.com/law-library/statutes/ecfr-43-3872.5.md)
- [43 CFR § 3873.1 § 3873.1 Segregation of mineral from non-mineral land.](https://www.frixlaw.com/law-library/statutes/ecfr-43-3873.1.md)
- [43 CFR § 3873.2 § 3873.2 Effect of decision that land is mineral.](https://www.frixlaw.com/law-library/statutes/ecfr-43-3873.2.md)
- [43 CFR § 3873.3 § 3873.3 Non-mineral entry of residue of subdivisions invaded by mining claims.](https://www.frixlaw.com/law-library/statutes/ecfr-43-3873.3.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-43-3871.5. Check the current official text before relying on it. Not legal advice.