There are still quite a few ancient (by our standards) rock walls in existence in this corner of the world. Most were made from surface, "floater", stones but some are quarried stones. As this area was practically all grass and nothing else at the time of initial settlement much of the early income was derived from livestock production. Controlling their wanderings was a challenge. Early law dictated fences were to be constructed to keep livestock out of whatever it was that needed protected from them. Later the law reversed such that the livestock owner had to construct the fences. In areas with abundant rock and little soil depth, rock walls made sense despite the many hours of hard labor required.
Then the damned surveyors showed up.
The deeds each described one half of the southeast quarter of the section. The damned surveyor discovered the true line separating the two halves was nowhere close to the rock wall that ran westward for one-half mile. And, of course, the wall was not perfectly straight to begin with. The friendly adjoiners didn't care where the damned surveyor said the line was supposed to be, they were not going to move the wall. Some helpful, smart person helped them create a description for the area between the damned surveyor's line and the center of the rock wall. They recorded a deed at the courthouse to settle the matter.
Over 100 years later the second damned surveyor came along. The monuments allegedly set by the first damned surveyor could not be found, partly because roads had been built around the entire section, thus destroying the original evidence of the section and quarter corners the first damned surveyor surely used. So, a far more precise section and section breakdown was determined. That great rock wall had apparently moved a few feet north here and there but not over here. His project didn't involve the rock wall, so it was only mentioned for reference purposes on his plat.
About 10 years later the third damned surveyor arrived on the scene. His task was to cut out a tract of several acres such that about 700 feet of the eastern end of the rock wall was to be the south boundary of that new tract. He located the ends of the wall, roughly 2600 feet apart, and drew a straight line between them. The point 700 feet west of the east end fell four feet north of the center of the old wall. No problem, forget the wall and roll on with a nice straight line of a single bearing of roughly 700 feet in length.
Now, twenty plus years later, it's time for a fourth damned surveyor (me) to show up and cut off a few acres south of the wall ( or is it south of the adjoiners survey that doesn't follow the wall). Guess I'll see how I can screw things up for the fifth damned surveyor. The first and second damned surveyors have been deceased for quite a while. The third damned surveyor retired and sold everything to a remote big company. The crew chief who would have been the primary worker onsite 20+ years ago suffered a stroke and has significant mental issues involving memory.
This is why we get paid the big bucks, retire while we are still young and, then, move to some remote location where no one can find us.
The third surveyor had no authority to move the boundary.
Yep, lets keep "protecting the record", ie measurements, math, and straight lines, and lets keep ignoring what was done on the ground that accurately reflects and preserves the actions and true intentions of the landowners, and see how long we remain relevant as a profession.
I have a survey in my county in which the original survey (original, you know the one that divided one estate into two estates) showed the "centerline of the river" as the dividing line, and the descriptions for both parcels created by the survey called for the "centerline of the river", along with bearings and distances supposedly along the "centerline of the river". Now, this river is about 1 rod wide, lined with maples, willows, cottonwoods and aspens. NO, the river has not moved in the 20 years since the "original survey".
You guessed it, this summer another darned "surveyor" was hired to divide the parcel on the NW side of the river into smaller parcels. Astonishingly enough, the b&d's called out in the "record" do not match the actual b&d's the darned "surveyor" measured. Guess where the darned "surveyor" put the "record and title" line?
He actually stated on the survey that quit claim deeds would be needed to "move" the "record" line to the center of the river!
When is enough going to be enough?
Holy Cow, post: 393558, member: 50 wrote: There are still quite a few ancient (by our standards) rock walls in existence in this corner of the world. Most were made from surface, "floater", stones but some are quarried stones. As this area was practically all grass and nothing else at the time of initial settlement much of the early income was derived from livestock production. Controlling their wanderings was a challenge. Early law dictated fences were to be constructed to keep livestock out of whatever it was that needed protected from them. Later the law reversed such that the livestock owner had to construct the fences. In areas with abundant rock and little soil depth, rock walls made sense despite the many hours of hard labor required.
Then the damned surveyors showed up.
The deeds each described one half of the southeast quarter of the section. The damned surveyor discovered the true line separating the two halves was nowhere close to the rock wall that ran westward for one-half mile. And, of course, the wall was not perfectly straight to begin with. The friendly adjoiners didn't care where the damned surveyor said the line was supposed to be, they were not going to move the wall. Some helpful, smart person helped them create a description for the area between the damned surveyor's line and the center of the rock wall. They recorded a deed at the courthouse to settle the matter.
Over 100 years later the second damned surveyor came along. The monuments allegedly set by the first damned surveyor could not be found, partly because roads had been built around the entire section, thus destroying the original evidence of the section and quarter corners the first damned surveyor surely used. So, a far more precise section and section breakdown was determined. That great rock wall had apparently moved a few feet north here and there but not over here. His project didn't involve the rock wall, so it was only mentioned for reference purposes on his plat.
About 10 years later the third damned surveyor arrived on the scene. His task was to cut out a tract of several acres such that about 700 feet of the eastern end of the rock wall was to be the south boundary of that new tract. He located the ends of the wall, roughly 2600 feet apart, and drew a straight line between them. The point 700 feet west of the east end fell four feet north of the center of the old wall. No problem, forget the wall and roll on with a nice straight line of a single bearing of roughly 700 feet in length.
Now, twenty plus years later, it's time for a fourth damned surveyor (me) to show up and cut off a few acres south of the wall ( or is it south of the adjoiners survey that doesn't follow the wall). Guess I'll see how I can screw things up for the fifth damned surveyor. The first and second damned surveyors have been deceased for quite a while. The third damned surveyor retired and sold everything to a remote big company. The crew chief who would have been the primary worker onsite 20+ years ago suffered a stroke and has significant mental issues involving memory.
This is why we get paid the big bucks, retire while we are still young and, then, move to some remote location where no one can find us.
Could be a place for a line of agreement so surveyors 5,6 & 7 aren't battling this same screwed up record that you have to deal with.
Deal closed Friday. Everyone is happy at this time.