Cadastres -- United States; Mineral resources conservation -- United States
For example: A survey was approved without showing the conflict with a
legal subdivision that had been included in a preemption homestead. The
subdivision was protracted on the mineral survey plat from the township
survey, based on the section corner tie given in the mineral survey,
intersections given with the boundaries of the subdivision, and an area
of conflict calculated. All plats were recalled for the amendment. The
additional notes were written, in triplicate, by the cadastral surveyor,
to show only the lines of the mineral survey involved in the conflict,
giving the intersections. The area statement was rewritten to the extent
necessary to show the area of conflict.
The same procedure was followed if an adverse claim was to be excluded
on the basis of the description in its location certificate. Red ink was
used on the plats to distinguish the amendment, but black ink was used
if the certificate specifically stated the extent of the amendment.
Most offices now resolve the above situations solely through a
memorandum process.
=5–19= Amended Surveys and Amended Plats: This is occasioned by an error
in the original survey that is not discovered until after the survey is
approved, or for the same reasons listed in 5–18 above, where the
amendment cannot be made from the existing record and additional field
work is required. The claimant may also request an amended survey. The
claimant bears the cost. Example: In Survey No. 19202A-Am. Colorado, the
wrong claim was included in the survey. The correct claim was included
in the amended survey which covered the same ground.
=5–20= A new survey is required if the claim boundaries are changed by
amendment after the original survey is approved. Section 10–62, page 226
of the Manual of Surveying Instructions states: “An amended survey must
be made in strict conformity with, or be embraced within the lines of
the original survey.” A new survey is also required where the claim has
been abandoned and relocated by another.
=5–21= Expenditure of $500 After the Survey is Approved: Supplemental
notes based on a supplemental order for survey, either to the original
mineral surveyor or another mineral surveyor, must be submitted and
attached to the original field notes. The supplemental notes must
contain a full description of all improvements. If the additional
expenditure applies only to one claim of a group, only the expenditures
of that claim need to be recited. Current Form 3860–8, Certificate of
Expenditures, must be executed and attached to the claimant’s copy of
the notes for filing with the patent application.
=5–22= If patent is applied for long after the survey was approved, a
statement from the Chief, Branch of Cadastral Survey, will be required
by the Branch of Land and Minerals to the effect that the plat correctly
shows all conflicts, or listing the later surveys with which a conflict
exists.
Public-domain text, read in full here on John Shaqi.
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