Legal Definitions - apex rule

APEX RULE

The apex rule is a principle in mining law that allows a miner to extract ore from a vein that extends beyond the vertical boundaries of the surface claim on which the vein apexes. This is also known as an extralateral right.

For example, if a miner has a claim on the surface of a piece of land, but a vein of valuable ore extends beyond the boundaries of that claim, the miner may still be able to extract the ore if the vein's apex is within the miner's claim. This allows miners to access valuable resources that may not be entirely contained within their claim.

Another example would be if a vein of ore extends beyond the boundaries of multiple claims, the miner who has the claim with the vein's apex has the right to extract the ore.

The apex rule is a way to ensure that miners have access to valuable resources that may not be entirely contained within their claim. By allowing miners to extract ore from veins that extend beyond their claim's boundaries, they can maximize their profits and make the most of their mining operations.