I am looking at some property (8 acres) to purchase in Kentucky. I have not been to the property yet (going tomorrow, Friday). The realtor said there was no survey. She sent me the deeds and I see the legal description of the land. It looks like this was a "family affair" meaning the deed mentions (10) different family members. So, they probably never needed a survey, they just were neighbors and got along with each other.
When I read the deed is uses the phrase Set Stone (13) times. It also uses the words steel post and steel stake, I understands those terms. But what is a "Set Stone"? I google it, but couldn't find a definition for it. My question would be, is this a man made object? or a natural feature like an stone outcrop, or a large immovable stone?
I'm guessing its a man made object, possibly made out of concrete? What is the shape of a set stone? Does it have an iron stake in it where I can metal detect it?
Here is a copy of the land definition in the deed:
BEGINNING at a set stone going in an eastern direction for approximately 252 feet to Marcus Smith line at a set stone; thence from set stone following Marcus Smith line in a Northern direction for approximately 228 feet to Marcus Smith corner to a set stone; thence beginning at a set stone going in an Eastern direction for approximately 102 feet to the highway; thence turning North and following Highway for approximately 459 feet to a culvert; thence turning West for approximately 500 feet to a set stone at a walnut tree next to the river; thence running back South by the river to the beginning stone.
BEGINNING at a set stone on Homer Jackson line going in a Southern direction running by river for approximately 189 feet to a willow tree And a steel stake: thence turning East and going across the bottom for Approximately 300 feet to the highway and Marcus Smith??s corner at a steel post: thence turning north and following Marcus Smith??s line for approximately 165 feet to Homer Jackson line: thence turning West following Homer Jackson line for approximately 300 feet back to the beginning set stone and post.
BEGINNING at Orie Jackson, line and going in a southern direction following river for approximately 750 feet to a set stone; thence turning from set stone for approximately 50 feet to highway, to a set stone; thence turning North and following highway for approximately 750 feet back to corner of Marcus Smith and Orie Jackson line to a set stone; thence turning West for approximately 300 feet back to the beginning across the bottom.
This deed includes a right-of-way over Larry Jackson's to Orie Jackson's property.
I am very familiar with easements, but is a "Right of Way" an easement?
Attached is the shape of the property that the realtor sent me.
Sounds obvious to me that it's a stone that was set at the corner.?ÿ But I'm from New England, where that's commonplace.?ÿ I've no idea if it is or was common practice in Kentucky.
The stone might be 4-6" square with a drill hole in the center. Or not. I wouldn't count on finding any of them unless there are fences or maybe stone walls you can follow. Every word in that description could be significant. Knowing the time that the description was written might be helpful, particularly to a local surveyor. Surveys of the adjoining properties are likely to be informative. It sounds like an interesting puzzle for a good surveyor for many days.?ÿ
A set stone would be a natural stone often from the property being marked.?ÿ They can be any shape and found in any orientation. Surveyor's typically set them in unnatural positions, flat rock buried so that the exposed portion sticks up like a tombstone or oblong rock buried so that the exposed portion sticks up like a short post etc.?ÿ Over time men, animals and mother nature conspire to hide our footprints.
Also, at a glance, I believe the description you posted is describing three tracts instead of the one large tract pictured.?ÿ The puzzle pieces may or may not fit to create the parcel in the picture.
Definitely a natural stone, not manmade whatsoever.?ÿ It was placed (set) at a property corner for others to see and recognize as a corner.?ÿ Generally, a stone that might have been picked up on the property, but not always, and sometimes shaped a bit to make it more distinctive.?ÿ It might be only a couple inches thick up to a foot in thickness.?ÿ Typically, more is set below ground level than above.?ÿ Thus, a stone labeled 8" x 10" x 30 " would be a relatively rectangular stone standing straight up with about 10 inches visible above the soil.?ÿ Many times, if placed many decades ago, they will be found leaning or completely knocked over.
This is opposed to making some kind of mark on a stone that is part of the bedrock of the immediate area, yet exposed.?ÿ I have encountered several such stones/markings in areas with very poor topsoil conditions.
It is possible that some more recent surveyor has placed a metal pipe or bar next to the stone to help lead the searcher to the stone.?ÿ The pipe/bar, is not the corner.?ÿ That is the stone's function.
Edit:?ÿ Sometimes the one placing the stone intentionally sets one of a different type than what is commonly found on the tract involved.?ÿ For example,?ÿ a limestone in an area of predominantly sandstone or a sandstone in an area of predominantly limestone.
My experience with finding stones that are called for in deeds in Kentucky is way less than 10%.?ÿ It is very common to see a deed that says, "to a stone in a creek" which creek is chock full of rocks.?ÿ The deed you provided looked like it was written by farmers that knew which way the sun rose in the morning and used that as a general direction and may have pulled a tape or paced the distances.?ÿ Don't expect a modern survey to match the distances and directions on that deed precisely.?ÿ Like Larry Best said, all of the words are important such as "to" and "along" or "bounded by".?ÿ It could be 8 acres or 5 or 12.
It is exactly where the next surveyor decides it is.?ÿ So what if his measurement is a tad different from my measurement.?ÿ The stone is the monument.?ÿ Not some infinitesimal piece of grit that makes up the stone.?ÿ Stones weather, crack and break from natural conditions.?ÿ People accidentally knock off pieces.?ÿ The only criteria is that the stone not be removed, in its entirety, from where it was placed.
It is exactly where the next surveyor decides it is.?ÿ So what if his measurement is a tad different from my measurement.?ÿ The stone is the monument.?ÿ Not some infinitesimal piece of grit that makes up the stone.?ÿ Stones weather, crack and break from natural conditions.?ÿ People accidentally knock off pieces.?ÿ The only criteria is that the stone not be removed, in its entirety, from where it was placed.
On one side is a 130k acre ranch, on the other side is a 50k acre ranch,,,,,,,,,,,they don't care about a tenth, no one cares, even I don't care and I'm the closest person who might ever care. If the next surveyor goes out and finds that stone sitting there like it has for 120 years, he's gonna jump for joy and won't care a hoot where I might have located it.?ÿ
