Extra lateral right

[danec71]

Can somebody give me a good enough explanation of lateral right maybe even with a drawing. Or direct me to a website that makes it very clear about the law and even with pictures if possible. I know it has to do with Apex at the Vein, A certain shape of the claim, something about off the sides only and also something about when it goes on to somebody else's claim even if it hits other veins they don't have the right but to just follow the path of their tunnel for A certain distance right. Maybe have this wrong maybe I don't just looking for a good clear explanation maybe with the picture. I have drawn a picture here hopefully it will make a little sense. Basically does claim one have extra lateral rates going into claim 2. These tunnels were done 120 years ago basically there was a small vein that crossed over into claim 2 from underground off of the main vein and over to another main vain. As far as I understand even if this was OK he still wouldn't have a claim to the other vein that this crossing vein eventually goes into. From what I have read he would only have A certain area around where his vein may cross other Veinsgoing in different directions. And only for a certain distance. The situation is all happening about 80 feet under the surface with no clear out croppings on the surface except for at the top of the hill on a patented property.
Maybe it's important to add that the tunnel on claim one is a cross cut tunnel into the hillside to hit the main vain. Obviously that's when they found this crossing maybe it's important to add that the tunnel on claim one is a crosscut tunnel into the hillside to hit the main vain. Obviously that's when they found this crossing vein off the main.The vein doesn't even outcropping till the top of the hill on the patented claim.I just think with all this happening underground I don't think there's any right here. More than likely back in the day the same people on both of these claims or they worked together which may be why it continues on. There was a lot of contract Mining going on

 

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[Assembler]

The following may help:

The public lands are not to be deemed surveyed or identified until approval of the survey and filing of the plat thereof in the district land office by direction of the BLM. No subdivisions are to be “Disposed of” until so identified (Plats).

 

[winners58]

You would only have apex or extralateral rights based on your discovery, side veins, intersecting
or crossing veins are based on the oldest or prior location 30 U.S. Code § 41 - Intersecting or crossing veins
you basically only own within the vertical lines of your claim until you can prove it by actual work and can show values

There is a whole section on extralateral rights in the Handbook of Mineral Law - Terry Maley 1999 (starting on page 822)

 

[Assembler]

In the absence of proof to the contrary, the discovery point is held to be the center of the vein on the surface.
Any "Manual of Surveying Instructions".

 

[Goldwasher]

A diagram http://www.treasurenet.com/forums/attachment.php?attachmentid=1574441&d=1523036875

The rights were only for the original claimant. if it isn't claimed now they would apply to a new claim.

If the same people claimed all the ground it wouldn't really matter.

The patent owners would have surface rights within the boundary and extralateral following the vein as it dips past the sidelines. You don't have rights to the lode past the end lines.

There is info needed beyond just a rough drawing of the surface boundaries. Again if they aren't claims anymore it doesn't even matter.

 

[danec71]

Yes they are active claims. I own claim 2. The other guy owns claim one.there are two distinctveins that run very close to each other at this point on the hill. One goes through mine the other one goes through his .in between there is a series of parallel .he claims because this vein comes across that he owns not only that but everything inside my claim lines including the other vein that it goes into. Who even knows which veinthat parallel vein started from or which direction they originally mined it from.this was over 130 years ago. Either way I told him to take a hike if you want to do something about it you can take me to court. I've already had a bunch of trouble with this guy in the past. Anyway I just wanted some solid information or back up

 

[Assembler]

Yes they are active claims. I own claim 2. The other guy owns claim one.there are two distinctveins that run very close to each other at this point on the hill. One goes through mine the other one goes through his .in between there is a series of parallel .he claims because this vein comes across that he owns not only that but everything inside my claim lines including the other vein that it goes into. Who even knows which veinthat parallel vein started from or which direction they originally mined it from.this was over 130 years ago. Either way I told him to take a hike if you want to do something about it you can take me to court. I've already had a bunch of trouble with this guy in the past. Anyway I just wanted some solid information or back up

The "Court" will "Recognize" the course and length of the lode line or presumed course of the vein that is marked upon the "Plat" and "Specifically described in the field notes". The record of the intersections of the end lines with the lode line will be given in the field notes from the lowest numbered corner on each end line running toward the next higher numbered corner. Where conditions permit, the distances should be shown on the "Plat".

Could be his word against your word if none is "Surveyed" below the "Apex vein" in place at the time of the new or re- "Discovery".

 

[Assembler]

Can somebody give me a good enough explanation of lateral right maybe even with a drawing. Or direct me to a website that makes it very clear about the law and even with pictures if possible. I know it has to do with Apex at the Vein, A certain shape of the claim, something about off the sides only and also something about when it goes on to somebody else's claim even if it hits other veins they don't have the right but to just follow the path of their tunnel for A certain distance right. Maybe have this wrong maybe I don't just looking for a good clear explanation maybe with the picture. I have drawn a picture here hopefully it will make a little sense. Basically does claim one have extra lateral rates going into claim 2. These tunnels were done 120 years ago basically there was a small vein that crossed over into claim 2 from underground off of the main vein and over to another main vain. As far as I understand even if this was OK he still wouldn't have a claim to the other vein that this crossing vein eventually goes into. From what I have read he would only have A certain area around where his vein may cross other Veinsgoing in different directions. And only for a certain distance. The situation is all happening about 80 feet under the surface with no clear out croppings on the surface except for at the top of the hill on a patented property.
Maybe it's important to add that the tunnel on claim one is a cross cut tunnel into the hillside to hit the main vain. Obviously that's when they found this crossing maybe it's important to add that the tunnel on claim one is a crosscut tunnel into the hillside to hit the main vain. Obviously that's when they found this crossing vein off the main.The vein doesn't even outcropping till the top of the hill on the patented claim.I just think with all this happening underground I don't think there's any right here. More than likely back in the day the same people on both of these claims or they worked together which may be why it continues on. There was a lot of contract Mining going on

The above 'Drawing and descriptions' is not even close to a "Plat and Field Notes" by the way.

 

[Assembler]

Can somebody give me a good enough explanation of lateral right maybe even with a drawing. Or direct me to a website that makes it very clear about the law and even with pictures if possible. I know it has to do with Apex at the Vein, A certain shape of the claim, something about off the sides only and also something about when it goes on to somebody else's claim even if it hits other veins they don't have the right but to just follow the path of their tunnel for A certain distance right. Maybe have this wrong maybe I don't just looking for a good clear explanation maybe with the picture. I have drawn a picture here hopefully it will make a little sense. Basically does claim one have extra lateral rates going into claim 2. These tunnels were done 120 years ago basically there was a small vein that crossed over into claim 2 from underground off of the main vein and over to another main vain. As far as I understand even if this was OK he still wouldn't have a claim to the other vein that this crossing vein eventually goes into. From what I have read he would only have A certain area around where his vein may cross other Veinsgoing in different directions. And only for a certain distance. The situation is all happening about 80 feet under the surface with no clear out croppings on the surface except for at the top of the hill on a patented property.
Maybe it's important to add that the tunnel on claim one is a cross cut tunnel into the hillside to hit the main vain. Obviously that's when they found this crossing maybe it's important to add that the tunnel on claim one is a crosscut tunnel into the hillside to hit the main vain. Obviously that's when they found this crossing vein off the main.The vein doesn't even outcropping till the top of the hill on the patented claim.I just think with all this happening underground I don't think there's any right here. More than likely back in the day the same people on both of these claims or they worked together which may be why it continues on. There was a lot of contract Mining going on

Double post again. Don't know how this is happening unless there needs to be a refresh or reboot.

 

[Goldwasher]

Yes they are active claims. I own claim 2. The other guy owns claim one.there are two distinctveins that run very close to each other at this point on the hill. One goes through mine the other one goes through his .in between there is a series of parallel .he claims because this vein comes across that he owns not only that but everything inside my claim lines including the other vein that it goes into. Who even knows which veinthat parallel vein started from or which direction they originally mined it from.this was over 130 years ago. Either way I told him to take a hike if you want to do something about it you can take me to court. I've already had a bunch of trouble with this guy in the past. Anyway I just wanted some solid information or back up

Well the dip and strike of the vein could have only changed so much in the last million years let alone the last one hundred and thirty.

You can figure that out. You should know for your discovery vein already.

Interesting shape for a lode claim. What size is it?

He can basically follow a vein from his claim under your sideline. I doesn't give him "everything"

Hopefully he has good hiking boots.

 

[Hoser John]

BLM manual Locating Claims and Millsites-on their website has all the info you should need,pics,laws and cases. John