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Monument a footage description correctly??
I work in a rectangular state and am having a discussion with other Surveyors in regards to how to monument the description: the West 734 feet of the south 741 feet of the East 1519 feet of the SE 1/4. I say to go the described distance of 1519′ (westerly) along the south section line and then 734′ back easterly along that same section line for the south leg of the description; then go the described distance of 741′ (northerly) along the east section line; from that point calculate 1519′ westerly at the same bearing as the south section line for the northwest corner of the parcel and then back easterly 734′ for the northeast corner of the described parcel which will then measure 734′ E/W by 741′ N/S and be parallel to both section lines. // Another Surveyor says that is incorrect and that the parcel should be set up perpendicular from both section lines which actually makes the distances longer than the description states. The interior angle between the two section lines is 86D-38M-16S. in my mind I need to monument the distances described in the deed rather than what a perpendicular offset creates. Open for thoughts —-.
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32 Replies
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If it’s a virgin section then it’s one answer, but if it isn’t then a whole nuther set of answers
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Around here the practice is parallelism. At least the subject property should adhere to the constant width described as near as possible. That, in my mind, satisfies the word of the description in a complete fashion.
But as you’ve discovered there are always alternate point of views. It is important to also consider historic occupational evidence and any other conveyance that may give light to what the original conveyance indicated.
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I still agree with Another Surveyor.
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What is occupation telling you?
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Rankin_File, post: 417820, member: 101 wrote: What is occupation telling you?
This is the first subdivision of any sort of the quarter so there is nothing visible at this time. Virgin, so to speak.
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Imagine a triangle with equal legs of length of 1000 ft. One leg runs north with the rest of the figure to the west. How would you mark the east 300 ft. ? How would you mark off a 100 ft wide ROW?
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The West Line of the East 1519′ is parallel to the East Section Line. Do no confuse the issue by measuring 1519′ along the section lines, because that makes the West line most likely not parallel. Repeat that last thought below.
The South 741′ is parallel to the South Section Line.
Lastly because the West line of the East 1519′ is parallel to the East Section Line, the East line of the West 734′ is parallel to both.
No distance along the lines is likely to meet the stated widths.
Paul in nonPLSS PA.
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The rules of construction govern how you would determine the intent of the description. When the description calls for “the East 1519 feet of the SW4” the presumption is that it is describing a boundary parallel with the east line of the SW4 (the only existing boundary referenced) located at a distance 1519 feet measured perpendicularly from the east line. Basically, you slide the east line westerly until you reach the perpendicular distance of 1519 feet (sliding line method). Same applies to each of the other boundaries described, 741 feet parallel with the south and 734 feet parallel with the west.
Of course, as it’s been said, this method only applies when the boundaries have not already been established (virgin, unoccupied ground). If they have, then recover the evidence necessary to prove they’ve been established and retrace them in their established position.
JBS
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Wow
There’s a blast from the past.
Nice to see a post JBS -
linebender, post: 417837, member: 449 wrote: Wow
There’s a blast from the past.
Nice to see a post JBSBeen busy as all get out. Just not enough time in the days. Priorities must be out of whack. :confused:
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Thanks to all for your input.
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JBStahl, post: 417835, member: 427 wrote: The rules of construction govern how you would determine the intent of the description. When the description calls for “the East 1519 feet of the SW4” the presumption is that it is describing a boundary parallel with the east line of the SW4 (the only existing boundary referenced) located at a distance 1519 feet measured perpendicularly from the east line. Basically, you slide the east line westerly until you reach the perpendicular distance of 1519 feet (sliding line method). Same applies to each of the other boundaries described, 741 feet parallel with the south and 734 feet parallel with the west.
Of course, as it’s been said, this method only applies when the boundaries have not already been established (virgin, unoccupied ground). If they have, then recover the evidence necessary to prove they’ve been established and retrace them in their established position.
JBS
What if there is a bend at the 40 corner on the South line? Does this bend come through on the North line of this parcel, being thoroughly parallel with the South line? Thanks
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Hawkeye, post: 417868, member: 2395 wrote: What if there is a bend at the 40 corner on the South line? Does this bend come through on the North line of this parcel, being thoroughly parallel with the South line? Thanks
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I don’t know what a 40 corner is, but if the line you are parralling bends, so does the opposite boundary (usually).
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aliquot, post: 417889, member: 2486 wrote: I don’t know what a 40 corner is, but if the line you are parralling bends, so does the opposite boundary (usually).
Oh sorry. I commonly call a 1/16th corner a 40 acre corner. Thanks
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Hawkeye, post: 417891, member: 2395 wrote: Oh sorry. I commonly call a 1/16th corner a 40 acre corner. Thanks
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I thought it was either a 1/16th or a 1/4 because they are at 40 chains.
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This is a great subject to discuss. Today we are big time into being parallel. The old timers didn’t waste all that energy cranking out such minutiae with logarithm tables and trigonometric tables. They measured it as best they could along the lines.
So, once again, the answer is: It depends.
If you are retracing a description from 80 years ago, it was probably measured along the line. Somewhere in time, and I have no idea when, that all started to change to be more technically correct by having the lines being parallel and at the precise number provided.
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[USER=12558]@PJBear[/USER]
Assuming you are in PLSS system read the description backwards, and apply the applicable rules. 🙂Same thing applies to ÛÏofÛ descriptions, start backwards. You can multiply the denominators of a fractional description and divide into 640 for a quick acreage estimate.
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Given the information at hand I would go with parallel with the south and east lines at the widths called for. An angle point at the 1/16th corner would be ignored unless it came into being prior to the parcel creation.
One of my former employers would compute the acreage of each scenario and go with the one least beneficial to his client. His logic was that his client wouldnt get mad and sue him but the neighbor might… -
It make you wonder what generated those distances.
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Foller dem footsteps, hear?
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