Cadastres -- United States; Mineral resources conservation -- United States
If later surveys did not exclude the survey in question, the plat will
be returned by the Branch of Land and Minerals for amendment, and
amended notes will have to be written. If the applicant is not the same
as the claimant shown at the time of the survey, he is entitled to use
the survey provided he can show a chain of title. If he does not have
the necessary plats and notes, the Branch of Cadastral Survey will
supply him with the necessary copies. The claimant bears all costs.
=5–23= Occasions have arisen where a claim or survey excluded from the
patent is later abandoned. A supplemental application for patent may be
made for the excluded ground. The procedure to be followed is the same
as given in 5–22 above. Copies of the plats, including those for posting
and the notes must be furnished the applicant.
=5–24= Patent Applied for in Two Parts: When only a part of the claims
of a survey are applied for and patented, and later application for
patent is made for the remaining claims, a copy of the plat, or if the
plat is in more than one sheet, the sheets showing the claim, must be
posted, and a copy, together with a transcript of that portion of the
field notes pertaining to the claims, filed with the Branch of Lands and
Minerals at the time the supplemental application for patent is made. If
not all sheets of the plat are used, be sure that the ones used show all
ties and pertinent information.
CHAPTER VI
Resurveys
=6–1= Restoration of Lost Corners: There is no hard and fast rule for
establishing missing corners of mining claims. The method should be
selected that will give the best results, bearing in mind that end lines
should remain substantially parallel. Ordinarily, the mineral surveyor
should not remonument a restored corner; at least, it should not be done
without the full knowledge and approval of the owner. A cadastral
surveyor may remonument a corner if it is necessary to delineate the
boundary between public and private land. As with all lost corners, the
corner of a mineral survey should be reestablished from the best
available evidence and in such a configuration that will place the lines
as nearly as possible to their original position. The ties to bearing
trees and objects should be used first. In fact, if such accessories are
present the corner is not lost.
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