Apex
The top or highest point of a vein or lode where it comes closest to the surface, legally significant for extralateral rights.
Detailed Definition
The apex is the top or highest point of a vein or lode where it comes closest to the surface of the earth. Under the Mining Law of 1872, the apex is legally significant because it determines extralateral rights -- the right to follow a vein beyond the vertical side lines of a claim.
Legal significance under 30 U.S.C. 26: - The owner of a lode claim whose boundaries encompass the apex of a vein has the right to follow that vein downward beyond the vertical side lines of the claim - This right extends only between the vertical planes drawn through the end lines of the claim - The apex must lie within the surface boundaries of the claim
Determining the apex: - Geological investigation to identify where the vein reaches its highest point - May require surface and subsurface exploration - Expert testimony often needed in disputes
Apex litigation: Historically, apex disputes were among the most contentious in mining law. Neighboring claim owners frequently litigated over which claim contained the true apex of a vein, as the determination controlled valuable extralateral rights. The Butte, Montana copper mining district was particularly known for extensive apex litigation in the late 1800s and early 1900s.
Related Terms
Lode Claim
A mining claim for minerals found in veins, lodes, or rock in place, such as gold, silver, or copper deposits.
Mining Law of 1872
The foundational federal law governing the location and patenting of mining claims for hard rock minerals on public lands.
Extralateral Rights
The right of a lode claim owner to follow a vein beyond the vertical side lines of the claim, provided the apex of the vein lies within the claim.