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A description without a survey

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holy-cow
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Once upon a time we had a local fellow surveyor who helped out his neighbors by creating descriptions without benefit (or cost) of a full survey. Current county regulations on newly-created tracts have eliminated that occurrence, probably because of this former practice. Stumbled on an excellent example of this that must be about the last one he ever did.

We are called upon to cut a tract of maybe 70 acres from a quarter section with the guidance to make the northeast corner of said tract to match the northwest corner of a 10 acre tract already in existence. Pull the deed to discover a very nice description with bearings to the nearest second creating a 10-acre tract and an access/utility easement over 1200 feet in length to connect it to the county road along the south side of the quarter section. However, no survey is on file documenting the creation of said 10-acre tract. Corner records exist for the four corners of the quarter section indicating they were found in November 2011 which conforms to the deed date in December 2011. But, no survey is available. Rumor has it that when the company sold to a far larger firm all old records were added to the contents of the county landfill.

Following the calls precisely, we discover nothing at the first two points critical to the easement description. Then we head towards the three points forming the south side of the 10-acre tract. The first falls directly under a gate and almost precisely 10 feet westerly from a corner post, which agrees with what we had assumed to be the intent. The southwest corner point lands about a foot away from a steel fence post with a bit of pink paint on the top foot. The southeast corner falls a few feet from a lath in a dense wasteland area. No monument of any kind found at or anywhere near either corner. After discussion with the owner of the 10-acre tract we learn that those were chosen to represent the intended south line. Then perpendiculars were drawn and extended to the north line of the quarter section, then adjusted to arrive at precisely 10 acres. No bars/pipes were ever set to save the guy a pile of dollars.


 
Posted : August 27, 2016 8:30 am
thebionicman
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As horrible as that story is, at least you were able to get the owners statement in the evidence pile...


 
Posted : August 27, 2016 10:26 am
holy-cow
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Traveled there for a bit this morning. There are lath at what might be the other two corners on the north side of the 10-acre tract along the quarter section line. Not GPS country. I have a single guess as to why the monuments never were set. The owner of the 10-acre tract was still upset about the ridiculously high invoice he received.


 
Posted : August 27, 2016 11:08 am