Jefro sells to Rufus fer chickn's and such
Jefro has 20 acres he bought offa Bob Bob Roberts about a 10 years ago. He walks over the property with Rufus who comes with the intent to buy half. These are good old boys, one livin’ on a trailer house and chicken shed po’farm and the other wanting one just like it. That’s the American Dream to a ditch digger, own land and stay dry when it rains and gro-ur-own chickens and tomaters and potaters and mash and such, at least to some Bobs in Katchachicken County.
So Jefro and Rufus arrange to have a neighborhood party and invite everyone around and about to a chicken roast at Jefro’s place, a celebration.
Now when you get a big group of people together, it takes a coupla hours of bull-roarin’ and sippin’ and rippin’ to make certain that everyone is fully drunk enough to start the public ceremony. So, a solemnity falls over this community assembladge of citizens in Katchachicken County, about a 2 hour hike SEerly along Possumkill road from the county courthouse in Polteryville.
So Jefro says, “This here fence post is what I bought to offa Bob Bob Roberts. And the fence runs north to my NE corner and I’m keepin everything from this here fence over to where I’m a sellin the rest to you, Rufus. Now, foller me and we’ll go the first new land mark markin’ Rufus’s land that I’m a sellin’ to him.”
So they all proceed to walk down to the drive way to Jefros place and then down along Possumkill road to where Jefro stops and they all refresh and recongregate and organize the roadkill found along the way and Jefro says. “So now this here is half what I got ’cause Rufus an me stepped it out half ways. So we need to set the new fence post up on the bank of the road. Anybody got a pocket shovel handy??” About seven are produced. No self-respecting ditch digger would leave home without at least one.
“Ok, Rufus, you dig the post hole.” Rufus does so. Some Bob said they should break a jug on the spot then pile stones on it.
So Jefro says, “Anybody got an empty jug?” Three are quickly ripped dry and offered and one is selected. Jefro hands the jug to Rufus and Rufus throws the jug into the hole and breaks it. Some Bob grabs a rotted off half post and Rufus Bob sets it in the hole. Several Bobs scavenge a dozen or so stones to pile around it.
(Jefro) “Ok, the line of what I’m a keepin’ on my side with 10 acres and a sellin’ to Rufus here on his side with 10 acres goes this-a-way to the road up to my fence half way from my other two fence posts I got from Bob Bob Roberts, just like me an Rufus stepped it off.” They all proceed to said point and set another post in the other fence, and they add another jug and a few more stones.
“Now, Rufus, I agree to sell you all that Bob Bob Roberts sold me on that side of our new corners we set here today for 20 bushels of corn, 3 first pik fightin’ roosters from your herd and a sack of spuds and a sack of beans, all each year for each of the next ten years.” Many Bobs comment to each other how that seems a fair price in todays market in Katchachicken County for 10 acres of raw po-farm acreage.
(Rufus) “Agreed! Now let’s go eat dem chickens.”
Jefro and Rufus learned from the Katchachicken Kounty Assessor that they needed to get a deed form and Jefro fills in the blanks for date and grantor and grantee then in the blank for ‘described as follows’ writes, “The west half of the 20 acres sold to me by Bob Bob Roberts in nineteen and ninety.” and the tax maps are updated with the new line added with new parcel numbers and labeled 10 acres each for tax purposes.
Three years pass with peace and harmony prevailing between Jefro and Rufus, then Jefro passes and wills the po-farm to his son who sells it to your client, who want’s you to survey it. His deed reads, “The east half of the 20 acres sold to Jefro Bob by Bob Bob Roberts in nineteen and ninety.” He tells you he walked over the parcel with Jefro’s son and has seen all the fences and monuments so it should be an easy job. Your mission, if you should decide to accept it, is to survey the intended property as described within the four corners of the deed.
Are the “monuments” set by Jefro and Rufus and witnessed by a bunch of Bobs evidence of title??? The deed doesn’t say squat about them. What happens if you recognize the public report monuments as controlling then prove 8 acres and 12 acres for the actual parcels by actual measures as thus surveyed?? That clearly is not half in the minds of most laymen right on up to many if not most judges. You calculate both half by distance and half by acreage and both fit each other within hundredths but neither fit worth stink with the “monuments”.
Are you going to suggest to your client that he get a boundary line agreement on the monuments and accept 8 acres when he paid for 10?? When the tax maps show 10??? What can or should a surveyor do to try to maintain the existing peace and harmony??
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