Expected behaviour, once applicable settings are taken into account: any person (memorized or not, member of a village or not) should be able to stake a private claim and expand it as they see fit (limited by game rules).
Steps to reproduce:
- place a private claim, claim #1, using character #1
- found a village using character #2
- adjust white group settings as character #2: mark Claim private land, Trespassing, Rummaging, Theft, Vandalism
- attempt to place a private claim on the lands of the village after the village is founded as character #3
- attempt to expand character #1's claim