@duane-frymire In addition to the original survey that called the property line to be the ditch bank with contrary distance calls, the two recent surveys both located the ditch bank although they came to contrary conclusions. I also have the topographic survey by the drainage district that tiled the ditch. I also have aerial photos in frequent intervals to before the original split.?ÿ
the question is what prevails, and maybe, what exactly is the ditch bank?
Probably 25 years ago we were called upon to document where a broken river levee had been and then come back and document the location of the major improvement that had to be made.?ÿ Back toe of levee in both cases.?ÿ The result was a banana-shaped parcel containing something over 10 acres total.?ÿ This was a case of the landowner demanding to be compensated for the field area he lost and having his levee assessment decreased by that number of acres.?ÿ This had no relevance on his deed, though, as he owned to the center of the river.?ÿ Wherever that was. ?????ÿ
@kscott Well, if the original survey only gave a distance to the ditch bank and no other monuments were set, then it's easy.?ÿ It's the ditch bank wherever it may be now if the aerials are inconclusive and no other way to prove where it was at the time. In that case you have a natural or artificial monument (whatever you categorize the ditch as) over a distance.?ÿ
But maybe not.?ÿ I know there are cases specifically addressing drainage ditches.?ÿ There can be differing rules by jurisdiction depending on the history and purpose in that particular area.?ÿ Things like; can intent be inferred to the bank (instead of cl) if it's not mentioned/mentioned or was it normal to leave 10 feet or so for ditch maintenance, etc..
I believe in secondary sources such as the Brown books you find mention of these ditch cases in the watercourse sections rather than order of calls section.?ÿ I seem to recall a statement something like; call to a watercourse generally goes to center except in cases where it was not generally the intent to do so such as drainage ditches which generally were conveyed to the bank.
