Aliquout Part Description Help

East half of the southwest one-quarter of the southwest one-quarter...etc.

what are others calling it?

It's not the east half, it's the east approximate 330' of the approximately 1320' 1/4 1/4. Would it be the East1/2 East 1/2 SW 1/4?

I'm kind of trying to write an aliquot description for a relinquishment of a mining lease without going out and surveying the entire mountain--the aliquot breakdowns are close enough for what I need. The entire section was under lease, but the mine is relinquishing only part of the section.

Thanks!

> Thanks in advance for any help!!
> -Jason
The best help I can give is to respectfully suggest you to have a land surveyor write your legal. It may seem like an unnecessary expense now but it will save you untold headaches later. Descriptions written by landowners and lawyers are the bane of our profession.

> It's not the east half, it's the east approximate 330' of the approximately 1320' 1/4 1/4. Would it be the East1/2 East 1/2 SW 1/4?
>
> I'm kind of trying to write an aliquot description for a relinquishment of a mining lease without going out and surveying the entire mountain--the aliquot breakdowns are close enough for what I need. The entire section was under lease, but the mine is relinquishing only part of the section.

In this sort of case you would probably want to describe it exactly as it is described in the mining lease. Perhaps even as "all that land described in that mining lease recorded in Book xx, Page xxx on December 29, 1914, deed records of Cimmaron County, Oklahoma."

Or maybe not.

> what are others calling it?

Kind of my thoughts too Mr File, and really never met a 330 that was really 330 so I'd tend to defer and go aliquout. Don't know the whereabouts of said survey, but states do have certain regional ideas. Not that that's a good thing, but...

How about filing a record of survey, call out the aliquout lines and identify your parcel accordingly. Many will say leave the description alone, others will tend to go with reciting the old one and include verbage along the lines of "...more particularly described as Parcel A per record of survey recorded...bla bla".

Don't know the solution, but I'd be talking to geezers & old timers and see how things got started in the first place. Sometimes other old problems are not necessarily to be your problem, so why make it so. Render an opinion and...

I am a Land Surveyor and I work for the mine. The biggest problem is that it is in a rugged part of Utah that really doesn't have much in the way of section corners and there is a couple of feet of snow on top of the mountain right now.
The mine has leased tens of thousands of acres and they are relinquishing (releasing) about 3700 acres. The acquired lease descriptions are in complete sections or aliquot parts. When an area is mined out they relinquish the lease and that is what I am doing, writing the legals for the relinquished areas, and I'm just having a little brain hiccup on what to call that approximate East 330' of that quarter-quarter section. I know it's not exactly 330' and a 1320'...but for my purposes today an aliquot breakdown is sufficient. The entire section was leased but we're relinquishing only a part of the section, similar to the image I shared.

(Please don't take that in a condescending tone, I understand where you are coming from, and I do appreciate the help I've received in the past from this site.)

Can you just make it bigger than it needs to be like the east 340 and 1330?

In Texas we mostly use Metes and Bounds. I always have to stop and draw it out when I get a description like the east half of the southwest quarter.

The image may not be coming through correctly for me. The hatch doesn't fall anywhere near aliquot lines.
In order to get it right we would need to know more info. Was this a regular section on the interior of the township? Was the Section invaded by something making it fractional? Many variations on the theme, not to mention Utah has a few quirks regarding descriptions.
As another word of caution, County Surveyors Rule in Utah. I wouldn't prepare a description that may wind up in records without talking to the Powers That Be. You are probably fine for a release but there are some who will want a Record of Survey...
Good Luck, Tom

Can you say E 1/4 of the SW 1/4 of the SW 1/4 and so forth?

> In this sort of case you would probably want to describe it exactly as it is described in the mining lease. Perhaps even as "all that land described in that mining lease recorded in Book xx, Page xxx on December 29, 1914, deed records of Cimmaron County, Oklahoma."

I agree with this 100%. If there is an existing desription, use it.

If there is no existing description, I would use the "East 1/4" of the whatever quarter-quarters.

You might just break it all down. Such as "the SE¼ of the SW¼, the NE¼ of the SW¼, the SE¼ of the SW¼, the E½ of the SE¼ SW¼ NE¼, the E½ of the NW¼ of the SE¼, and the E½ of the SW¼ of the SW¼ all of Section X, (T, R, PM)

I don't know that I like "SE¼ SW¼ NE¼" format much and would prefer writing down all the "of the"'s. If you do it in the abreviated way definitely don't put in commas because it can be construed as "ands" instead of portions of.

(Did that answer your question?)

edit: I agree with others that I would refer to an original description if there is one. How was this thing originally described?

The orange lines are the exterior section lines, the blue lines the quarter section lines, the green lines are the 40 acre lines. The hatch overhangs "330 feet" to the west of the 40 acre line. I'm just trying to come up with the best way to describe that 330', I haven't done any surveying on the ground on this, but it appears the old lease descriptions are entire sections or aliquot parts. In this case the entire section was leased but we are relinquishing on the part hatched.

It isn't anything that will get recorded at the county--just a letter being submitted to the BLM that we are relinquishing our mining leases. The leases have been in place 20+ years and are just giving notice that we have moved out of that area (underground).

Upon further investigation those little about 330' pieces were described as:
Section XX: E1/2E1/2SW1/4SW1/4, E1/2E1/2SW1/4NW1/4.

That's what I was planning on using, but didn't see them described as that at first in the lease documents.

Thanks again everyone for your help--and for pointing out the obvious--use what was used before.

Thanks!!
-Jason

The "E 1/2" of the "E 1/2" is correct.

There is no such thing as the "E 1/4".

The 330' slivers could be called: E1/2E1/2W1/2SW1/4. E1/2E1/2SW1/4NW1/4

How about the East whatever feet of the South whatever feet of the West Half of Section whatever...insert the proper distances and section number as you see fit.

If it's minerals there could be completely different aliquout part descriptions than the surface, I would have to see the plat before even giving any advice about what should be described.

And know if I'm describing surface, minerals, both and what has been described before, ect. Is the area lotted, is it lotted for minerals and "regular" descriptions for surface, just not enough info.

:good: I pay close attention to anyone named aliquot on this question....:-D