Comparision of the rectangular PLSS to Mineral Surveys

Just for chucks and grins here are two lists that compare the rectangular PLSS to metes-and-bounds mineral surveys.?ÿ Feel free to disagree or add to the lists. I bold-faced my two favorites.

Characteristics of the Rectangular Survey System

• Global in design beginning with an Initial Point, Principal Meridian and Base Line;
• Land divisions are formed by a telescoping grid that is based on well-defined rules and procedures;
• The official survey is normally done prior to sale and before 1909, under contract with the U.S. Government;
• Most Township subdivision surveys are conducted under a single contract;
• Subdivision creates common boundaries between land parcels (in other words, the plan is that there are no overlaps or hiatuses);
• Subdivision does not normally create junior-senior relationships (e.g. a ƒ??regularƒ? township subdivision);
• Bona fide rights as to location;
• The concept of closing corners is well defined; and
• The simple squares of the rectangular survey system are not simple.

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Characteristics of Mineral Surveys

• The initial possessory right to Mineral Lands is based on the discovery of a locatable mineral on ground open to mineral entry;
• The lode is determined by additional exploration and development;
• The mining claimant must sufficiently mark his claim so it is readily retraceable on the ground;
• Prior to patent, the claimant must do $100 of annual mining improvements to maintain his possessory right;
• The mining claimant must employ and pay a U.S. [Deputy] Mineral Surveyor to conduct the official mineral survey after obtaining a survey order (the survey was approved by the U.S. Surveyor General, currently the Branch Cadastral Chief);
• Placer claims are surficial estates and do not normally overlap or create junior/senior rights with abutting claims;
• At the time of the application for patent any known lodes within a placer claim must be segregated and staked as lode claims by the placer claimant. Otherwise, others can enter the placer claim and claim the known lodes;
• If there are no known lode claims at the time of the application for patent, all lodes apexing within the surface boundary of the placer claim belong to the placer claimant. However, the placer claimant does not have any extralateral rights to dipping mineralized veins;
• Mill sites are required to be located on non-mineralized ground;
• Mill sites are surficial estates and do not normally overlap or create junior/senior rights with abutting claims;
• While mill sites are required to be located on non-mineralized ground, all surficial and subsurface mineral rights are conveyed to the mill site owner upon issuance of the patent. Like placer claims, no extralateral rights are granted for veins apexing within the surficial boundary;
• Lode claims often overlap and junior-senior rights are the norm;
• Hiatuses and gaps between lode claims are the norm, not the exception;
• For lode claims, bona fide rights to the subsurface mineral estate (i.e. extralateral rights) are fully preserved if the end lines are substantially parallel;
• The concept of closing corners is not explicitly defined;
• The locus of a mineral survey is fixed by a connection to the rectangular survey system or a U.S. Location Monument;
• Mineral surveys are often tied to far distant, poorly established, shifting monuments, supposed to be corners of the rectangular survey system;
• Mineral surveys are not simple rectangles; and
• When retracing mineral surveys, thinking outside the box is to be encouraged!

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