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A case to discuss…
This is based on an old case but isn’t identical to it.
1960: Gray deeds to White: Parcel 1: The southeast quarter of the southwest quarter of Fractional Section 6 (which happens to be more than a mile wide). Parcel 2: The east 5 acres of the southwest quarter of the southwest quarter of Fractional Section 6.
There is a road which runs north through the southwest quarter of the southwest quarter (see diagram). White farms up to the road on his west boundary for many years without objection from anyone.
1975: Gray Deeds the rest of his holdings in the southwest quarter of Fractional Section 6 to Black.
1980: White Deeds his two Parcels to Brown.
2010: Black has a Survey made in order to divide up his property in the Southwest quarter of Fractional Section 6. The surveyor sets monuments on the centerline of the Southwest quarter per the Manual and monuments on the west line of the 5 acre strip (the pencil shaded area on the diagram).
If the southwest quarter is divided in half (contrary to the Manual) then there just happens to be 5 acres between that north-south centerline and the north-south road (the orange shaded area on the diagram). Note Brown and White before him always thought the north-south road is their west boundary, they farmed it that way and no one ever objected until the 2010 Survey.
When Black asserts his title per the Survey and starts to build a fence Brown sues.
Brown hires his own Surveyor as an Expert.
What should the Expert’s opinion be on:
1) Where is the west boundary of Brown?
2) Why?
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