[Underwriters-counsel1] Protracted Blocks - something of interest

[George Peters]

At our recent WLTA educational seminar the question was raised about
"protracted blocks". The seminar topic was mining claims and mineral
interests, and apparently an attendee had been given this term in connection
with a transaction, but did not understand what it was. (I am not sure if
their transaction involved a patented mining claim.) 

 

Some of you were in the room when this question was asked. 

 

I was not familiar with the term, but found this information about
"protracted blocks." They are apparently those areas that are next to
surveyed lands, but are not yet themselves surveyed. Prior to 1993 they were
described by the section number that would be used if the government survey
had been completed for that land.

 

Looks like the suggestion is that the non-yet-created section number be used
for reference purposes, but basically a protracted block number must be
used. Since there are 36 sections in a township, numbering these protracted
blocks within an area where sections would be numbered if and when a survey
is completed, the protracted blocks would be numbered starting at 37
(irrespective of the fact there wouldn't be any official sections created).
(While imperfect, I suppose it could be analogous to a government lot -
imperfect because a government lot is a fractional section that is
definitely surveyed.)

 

While such protracted blocks lands would probably be considered uninsurable
for lack of an insurable description, transactions involving them might not
be considered insurable anyway. For example, it looks like the US can lease
portions of such lands but I'm not sure title insurers would likely be asked
to insure them. My take would be to decline insurance, but each underwriter
should make its own decision. Perhaps the description provided (I have no
idea what it would look like) could be used, but with an exception for where
it is actually located. Perhaps there is a way, but I haven't reviewed this
beyond reading this information on the web. I also  don't see any direct
connection with patented mining claims, except that the lands might abut a
(surveyed) patented mining claim in the same way they might abut a section
created by a government survey.

 

I've attached a brochure if you want to read more. Interestingly, while a
patented mining claim can be insured, and one element is the requirement for
a survey, it would appear that, while the survey must tied to known
monuments, the surveyed land might be located within an unsurveyed area.
I've always assumed that a recorded mining claim patent, being surveyed, was
locatable. Perhaps that's not always the case if it's "floating" within a
protracted block.

 

I suspect there may be more of this in Alaska, where there is a lot of
unsurveyed land compared to the lower 48. 

 

Here is the web description of a protracted block:

 

https://www.fs.usda.gov/detail/hlcnf/maps-pubs/?cid=STELPRDB5444282#:~:text=
Protracted%20Blocks%20(PB)
<https://www.fs.usda.gov/detail/hlcnf/maps-pubs/?cid=STELPRDB5444282#:~:text
=Protracted%20Blocks%20(PB)&text=That%20PB%20stands%20for%20'Protracted,enti
re%2C%20boundary%20has%20been%20surveyed>
&text=That%20PB%20stands%20for%20'Protracted,entire%2C%20boundary%20has%20be
en%20surveyed

 

Some of you may have more background on this and are knowledgeable about
some to the questions I've raised. I welcome your comments, directly to me
if not to this group (underwriters and underwriting counsel for WLTA
members). Perhaps this is something for our WLTA Examiners Manual, although
we don't have a current chapter of government surveys as such. 

 

George

 

George Peters, WTP

Executive Director

Washington Land Title Association

 <https://washingtonlandtitle.com> https://washingtonlandtitle.com 

Mail: PO Box 328, Lynnwood, WA 98046

Delivery: 6817 208th St SW, #328, Lynnwood, WA 98036

206-437-5869 (Mobile)

206-260-4731 (Fax)

 <mailto:execdirector at wltaonline.org> execdirector at washingtonlandtitle.com

 



This is a confidential communication intended solely for the named
recipient. If you are not the intended recipient, please destroy it and call
George Peters at 206-437-5869 immediately. Thank you.

 

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