If the mineral surveyor feels that the claimant is not justified in proceeding to patent or if he feels that the land is being obtained for purposes other than mining, he may decline to make the survey, since it is a matter of private contract.
1–48 Relationship of surveyor and attorney: If the claimant has employed an attorney-at-law, the surveyor and attorney should work closely together.
The surveyor should recognize that he is not schooled in the law and should respect the attorney’s opinion; on legal matters it is the attorney’s responsibility.
On the other hand, the attorney is not schooled in surveying and the surveyor should guide him in technical matters. The surveyor may refuse to comply with requests that are in conflict with his requirements of survey and that of the Bureau of Land Management. Doubtful situations may be referred to the Bureau of Land Management for further instructions.
Many attorneys are not expert in mining law and may require guidance from the mineral surveyor. Should the surveyor find himself in a situation where legal advice is necessary, and the claimant has not employed an attorney, he should discuss the matter with the claimant and recommend obtaining the services of a lawyer.
1–49 Extralateral Rights (Apex): Both the Acts of 1866 and 1872 granted the right to follow a vein downward on its dip beyond the vertical boundaries of the claim. R.S. 2322, 30 U.S.C. 26 states in part:
“The locators of all mining locations made on any mineral vein, lode or ledge situated on the public domain ... shall have the exclusive right of possession and enjoyment ... of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations. But their right to possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or lodes.”
Extralateral rights exist only when the end lines are substantially parallel and then only when the apex of the vein passes through at least one of the end lines.
If the vein passes through both end lines it may be followed with all its dips and variations beyond the side lines within the vertical planes of the end lines (see Claim A of Figure 1).
Where the vein passes through one end line and one side line, one end line is theoretically moved by protraction to the point where the vein leaves the side line, and extralateral rights apply on the vein only to the extent of the foreshortened claim (see Claim B of Figure 1).