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The Northerly One Hundred Feet

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(@dougie)
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@field-dog

Contrary to the belief of some Flat Earthers; the earth is not flat; we are making these types of calls on a curved surface.

A perfect square, cannot be oriented perfectly north. If the perfect center of the square is oriented perfectly north, then the east and west sides will be slightly converging and the north and south lines will be on a curve.

Confusing to most; difficult for surveyors...


 
Posted : September 12, 2020 12:21 pm
FL/GA PLS
(@flga-pls)
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@dave-karoly

ƒ?I had a Survey where the east and west lines were not parallelƒ?.

They donƒ??t have to be parallel as might be the case in Field Dogs post. ?????ÿ


 
Posted : September 12, 2020 12:32 pm
thebionicman
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My last property had double fences on one sideline. They were virtually coincident and looked stupid. I found pins fitting the plat on the other side and discovered the fence was well onto the adjoiner. Being the thrifty (aka cheap) person I am I took the chainlink from the double side and built a fence on the opposite boundary, leaving an opening perfect for access to both back yards. The neighbor was good with it as s temporary arrangement.?ÿ

The neighbor sold to a nice young Architect. We first met when I saw him standing at the now doubke fence and shared drive. My intentuon was to ask if the drive was OK. He immediately proceeded to tell me his surveyor had explained we had competing AP claims as the old lady had built the chsin link fence over 20 years earlier. He then shows me the 'preliminary' survey based on offset pins in the street. All other corners are nothing found nothing set, despite being found and flagged by me prior to his visit.

The neighbor demanded we split the drive property or he would sue. I almost took him up on it as the extra property would have bern nice. Telling him he could have it all calmed him enough give me time to explain that it was already his.

The point is this hijack is simple. Put in the dam work. If you deed stake and survey by soundbite you harm people. Every principle has exceptions and fact patterns rule the day. Deed descriptions are evidence. Nothing more, nothing less...


 
Posted : September 12, 2020 12:44 pm
dave-karoly
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@flga-2

in the case I refer to the brother & wife bought the Lot then the next day conveyed the south very odd number of feet to the hundredth to the sister/brother-in-law. The effect of the description was to leave the brother & wife with 200 feet. The east line is a north-south road, the west line is a RR R/W about 30 degrees off cardinal. They measured 200' down the east and west lines and connected the dots with a fence which according to the son/nephew was built by him, his Uncle and Father. The south line of the resultant "200 foot" parcel was not parallel to the north line. But the very rural triangular block had DIY fence boundaries like that throughout its half mile north-south extent. Few people hired a Surveyor, the land wasn't worth that much. The south tip was the first cut out from the block, it had a description in poles and you could tell "at right angles" in the description really was just a suggestion. If you measure the same number of poles up both legs of a triangle what you get is not right angles.


 
Posted : September 12, 2020 1:00 pm
jacavell
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@norman-oklahoma
The devil is in the details with everything, but especially with ambiguous property descriptions!
One interpretation would be perpendicular to the "northern" Lot line A.
Another more literal interpretation would be 100 feet south of a point on Lot line A. Followed by deciding the bearing of the new line. is it parallel to Line A, or since it might be southerly, does it run east-west.
Perhaps we go southerly 100 feet from the midpoint of Line 100 feet and the distances for the new line to intersect the sidelines is proportional to the lengths of the two sidelines?

If the client is trying to write the description, give advice about ambiguity.

If the client is trying to make the description effective, do detective work to determine the original intent, if possible, and/or mediate between the owners of the two new lots after describing the ambiguities.

Bad descriptions are funny only in the abstract. They are hateful in reality.

Good luck!
JAC


 
Posted : September 12, 2020 1:28 pm

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