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50 + 40 = 90
Working on a little mystery and local cluster chaos, normal for the area.
Got some conflicting descriptions that been in the record for many decades. Owners been doing their own thing with fences etc. based on the recorders plot of the descriptions. Description says West then goes N 50 W. Keeps on going then a big misclosure. Fence goes more like N 40 W. So after messing here and there for several sessions I decide to plot the deed at N 40 W. It clears up a lot, removes most of the misclosure and explains most of the problem, at least for me. I can’t do the same thing to the adjoining deed as its final course hits a stream and then just goes along the stream to the POB.
The N 50 W vs the N 40 W causes a difference in the east/west location of the end of the line. So it appears that the one landowner owns into the front yard of the other landowner across the street. These neighbors have had other boundary issues down through the years. So I need to convince them that my sixth sense here to solve the issue and get them to agree to relocate the boundary by agreement. They don’t teach this stuff in survey school!
Anyway, my theory is the surveyor (if there was one) turned a 50 degree angle from West. Then wrote N 50 W instead of N 40 W for the bearing of the next course (50 + 40 = 90). I can’t prove it other than to show that when you do that most of the chaos go away. The only way I can repair the old record is to have the landowners agree and record an agreement. Will they do it? We shall see.
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3 Replies
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Had a deal once where something like a 60-foot lot was to get split into a 27 and a 33. The problem was that the deed for 33 had the 27 and the deed for the 27 had the 33. Guessed they pulled the tape from the wrong direction.
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West line of the north 200 feet is about N30W, other three lines nearly cardinal. Grantor (brother)/ Grantee (Sister) measured it themselves, 200 feet along west line, 200 feet along the east line LOL.
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I tell them they can go to Court and a Judge will fix it for $40,000 and in two years and when he finally rules they definitely won’t like it or they can pay me $2,000 and I can fix it in two weeks and they’ll like it. I guarantee that favorite rose bush won’t be worth $40,000. I haven’t seen one of these go to Court in 15 years and they are quite common.
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