Accept or reject?

My immediate reaction is to accept the monuments. The section line "bends" through them. My presumption is that the original surveyor of the box set the corners with reasonable care and precision for the time to being on line. Nothing you have said would overcome that presumption for me.

Well, if one is a line bender, then the section line will go through the monuments that were supposedly established on the section line.

But, if you are a senior line unbendable surveyor, then of course the monuments that are not on the instrument straight line between the senior corners will be off line and an overlap will exist.

I think I have repeated my story many times about my 1/16 sec. corner monuments were not set with micrometer accuracy and may be off the senior line, but it is my opinion of course that the senior line bends through those junior corners.

Keith

i take it the triangle to the north has record title in another party? probably no boundary agreement or other document clarifying the locus?

i would show the whole thing just as you have it. inform your client that he may not have record title to the triangle but he may have acquired title by other means. location complete, title issue to attorney, drinks are on the house.

...and a dispute where none existed.

You can't cross the Senior line, ever. So, I'd show my heavy line around where it was supposed to be, and use the Southern senior corners, and show the polygon to the North, as in conflict and be done with it, unless that break is like a foot or something, then I'm not pissing people off for a foot.

Unlikely a depute, the section line is senior and I don't believe in bending them because of the potential for unintended consequences that bending the line may cause others. Would probably use the unrecorded monuments as closing corners. Again this would be a judgement call that is unique to this tract considering this tract and the conditions, land and owners, and other evidence around it. Not enough data given to make an informed decision, unless a rule is applied and a quick sprint to the next job is the object.
jud

In my state, my survey would only be an opinion. Either solution is challengable.

Choose wisely and go with what you find most defensible. Knowing full well there is no right answer other than the one resulting from landowner or court action. Make yourself aware of how your state's courts have ruled on similar cases.

Bending the line may keep peace, and may be a low risk choice, but it is not guaranteed against being contested.

Ditto Adamsurveyor.

The heck with Junior / Senior

Unless the same person owned North and South of the aliquot line, the owner to the South that created and conveyed the box can NOT sell something he did not own North of the line. Period! End of story!

Now there may be some basis for adverse possession, but that's for the judge to determine.

And there may be some basis for acquiesence, but that would depend on state specific law.

I wish Gene Kooper still posted here; he had a good take on when and why senior lines bent through junior corners, and when and why they didn't.....

Cheers,

Dugger

The heck with Junior / Senior

Agreed, you can't sell what you don't own, and unless the rebar are noted in the written desc they really are not record corners.

I know it hurts but I think the parcel cors are wrong.

The heck with Junior / Senior

There ya go line bender!

What's the problem? 😉

The heck with Junior / Senior

Even the BLM now recognizes a cc may warrant kinking a line instead of the old hard and fast rule of amending corners. Either way, keep your eyes open and know that either solution can prevail in court and may hinge on the most minute of details.

Avoid a dispute by abandoning the triangle. Go for dispute by claiming the land. How does the other end fit? Can you call the far monuments out to make up the difference? If you do not know who set the monuments, why should you trust them?
We have a 400 lot land court subdivision from the late 60s. Realtor set pipes to market the lots. It is rare to find one within 0.5' of a corner. It was marketed to retiring folks and for my life it was called the cemetery with lights.

clearcut

Do you have an example of BLM actually bending through a CC that is found to be off the senior line?

As you know, the practice has always been to amend the original CC monument and set a new one on the actual senior line.

Which State?

Thanks,

Keith

clearcut

> Do you have an example of BLM actually bending through a CC that is found to be off the senior line?
>
> As you know, the practice has always been to amend the original CC monument and set a new one on the actual senior line.
>
> Which State?
>
> Thanks,
>
> Keith

Ca.

I recall Lance Bishop was showing one off at a presentation not too long ago. I think it was part of a survey they did in So Cal for BIA trust lands.

Not Enough Information To Accept Or Reject

Once one has left the westerly point of commencement this is a metes and bounds description.

You have supplied no metes and no bounds, only a totally inadequate sketch.

The language describing those metes and bounds tells you what to do.

For instance if the ties from the West says, "along the aliquot line" and/or the third course says "to the aliquot line" and/or the fourth course says "along the aliquot line" you have no choice but to accept the aliquot line where it is.

Also you give no information as to the ownership status of the northerly parcel. Mostly that would establish how deep the doo-doo you are jumping in to.

Paul in PA

clearcut

Hmmmm, they must have had a good reason to go against the Manual guideline on closing corners?

My take is someone took the good faith action of hiring a Surveyor to mark their corners. The Surveyor did a pretty good job.

There is no requirement of perfection in the law.

The boundaries are established already. The corners are existent. Re-laying out the Deed is inappropriate when the corners are already existent.