Not Enough Information To Accept Or Reject
Every Deed has to be marked on the ground sooner or later.
Continually remarking the Deed on the ground changing the answer is foolishness.
If we could Survey perfectly then we would.
I am working in a Township loaded with 1/16th corners set by the BLM in the early 1980s. Not one of them is perfect but most are within a few links. Monuments are what the owners use; not imaginary perfect lines. I am not going to start calling all of those monuments off.
clearcut
The 2009 Manual addresses the changes of policy in closing corners. It is a fairly recent development.
Every answer I expected has been posted.
1. Hold the monuments
2. The monuments may indicate possession but the section line is the straight line.
3. The monuments are all wrong
4. The monuments off line hold for the sidelines only.
5. You drew a crappy sketch and provided a crappy description
#5 - The sketch serves the purpose. The deed was given as about written without the distances. The distance don't add much to the discussion. When you have a description written as east, west, north and south from a PLSS corner the presumption is along section line absent any other information. Any other assumption would result in absurd triangles in a rectangular system.
#4 - The closing corner theory evolved by necessity to satisfy the belief that there must be perfect geometry between the original corners. Official Closing corners were set with the intent of controlling direction on the intersecting line in the PLSS and had this designation and purpose at the time they were set. It should follow that it ludicrous to think that any original private property monuments were set for this purpose.
#3 - Really? 35 years of use means nothing?
#2 - This is probably the most harmful belief. It clouds title and turns peaceful settlement into chaos.
#1 - Monuments mean things. If they don't it should be illegal to set any. The corner of the box was intended to be set on section line east of the controlling corner. The monuments set at the corners of the box are the only monuments that have ever existed and therefor they have the same weight as though the box were surveyed during the original PLSS survey after 35 years. I know this is hard to fathom but the section line goes through the rerod. The rerod was the first monument set at that location to mark section line. At that point in time it marked where the line is and would remain. The PLSS system contemplated that sectional subdivision would be completed at a later date and that when the subdivision monuments were set without gross error or fraud that they would be the same as the original survey. Every time a new subdivision of any king occurs the monuments set to mark the new corners are the same as the original survey. Repose I believe its called.
IMO
my take would be that the corners of the parcel set hold for the parcel but the aliquot line remains where it has always been. otherwise the line must jig and jog everytime someone sets a new point.
Maybe I can express this another way. The section line isn't anywhere until a monument marks it.
You Assume Too Much Linebender
My first impression is that PLSS surveyors should not be allowed to write a metes and bounds description.
How can one assume that it was ever intended to follow alliquot lines? East to an aliquot corner assumes you are following an aliquot line, that is not the case here.
East 400' and you can assume nothing. Accepting the pins North of the aliquot line means you accept a great burden of proof and liability now and forever.
Paul in PA
A Section Line Is Perfect Until The BLM Sets Aliquot Corners
A local surveyor has no affect on the Section line.
A section line may or may not delineate private property.
Paul in PA
You Assume Too Much Linebender
I could not agree more.
A Section Line Is Perfect Until The BLM Sets Aliquot Corners
The Federal Government has no interest in a lot of Section lines.
There would be no reason for the BLM to go set corners on a Section line which affects no Federal interest.
So every time someone pays money to a Land Surveyor and then relies for years on those monuments in good faith we have to go "fix" what is not broken just because the monument does not meet our fruitless search for perfection, a perfection not even called for by the Law.
We have an unreasonable mania for perfectly straight lines despite reality and common sense.
A Section Line Is Perfect Until The BLM Sets Aliquot Corners
"The Federal Government has no interest in a lot of Section lines."
"There would be no reason for the BLM to go set corners on a Section line which affects no Federal interest."
Therfore the Section Line remains perfect.
Paul in PA
You Assume Too Much Linebender
We are working in a rectangular system where the rectangle sides have been run east and north. Why is it such a leap of faith to believe east means along the rectangle line? In this PLSS state that interpretation is the standard.
A Section Line Is Perfect Until The BLM Sets Aliquot Corners
I got news for you, Buddy, all the Surveyors don't work for BLM.
In the light of reality, common sense, and practicality, the private owners on either side of the Section line are allowed to establish its position on earth. It doesn't take an act of the Federal Government.
Au Contraire
Private property owners may indeed rely on their own monuments. They just do not in fact affect the PLSS sysyem.
You seem to be confusing what your job is.
Paul in PA
Negative Karoly
Private surveyors are allowed to affect private property rights. Whatever they do does not affect the Section Lines. The fact that you misdescribe a line as a section line, does not make it so.
If someone can properly define the section line, be prepared to defend your arrogance.
Along the majority of section lines there can be no junior/senior rights.
Paul in PA
back at you...
My job is to find the boundary.
The PLSS is not some sacred deity cast in stone never to be affected by the practicalities of real life.
Task 1: Read the Deed. Let's say it either states or implies it's boundary is a Section line.
Task 2: Find the location of the Section line. This is a question of Fact and is not controlled by an expectation of absolute perfection.
Be Prepared to Defend Your Arrogance, Karoly!
You swine!
Don
Linebender, A Different Standard For M&B Descriptions
See: you decribe your metes and you describe your bounds.
Paul in PA
> We have an unreasonable mania for perfectly straight lines despite reality and common sense.
But, the meridians are curved, look at the globe.
😉
