"Accepted and Occupied" 40 Lines

ryancj31 · 2021-05-18T23:20:00Z

I am currently working on two remarkably similar jobs in the Fractional NE 1/4 of sections along the north tier of their townships. As per the original government survey, they are not numbered government lots so I will refer to them as "Fractional" sections. Both jobs have 40 corner monuments set along the south line of the NW-NW, seemingly set along observed fencelines and labeled on the surveys as "Accepted and Occupied 40 Line". These monuments appear to have been set in the time frame of 1940-1980. Along the west section line of the residential job the monument at the SW of the NW-NW differs from a true government proration [of a fractional section] by about 10 feet. What remains of the fenceline in the NW1/4 is short and pretty weak. I doubt it was never much more than a backyard fence along a couple 1 acre lots. Along the west section line of the farmland job the monument at the SW of the NW-NW differs from a true government proration by a considerable 65 feet. A monument has also been found at the SE of the NW-NW. When that south line is projected east to the east line of the section it differs from a true government proration by about 9 feet. A series of long maintained and, more or less, straight fencelines run across the section, following a projection of said south line quite nicely. This job also has a found monument at a random point on the south line of NW-NE (the SW corner of my client) which fits the fenceline very well but measures about 28 feet to the government proration line at that point. Both jobs have subsequent surveys that continue to utilize the "Accepted and Occupied 40 Line" and 40 corners. A few surveys acknowledge the difference between the true government proration line and the "observed and accepted" 40 line. In both cases the line labeled "Accepted and Occupied 40 Line" was held as the boundary and the line labeled "True Government Proration" is shown graphically, but has no dimensions to tie it in. The deeds of both clients refer to ownership of the "Frac NE-NE" and "Part of the Frac NW-NE". To me that quite clearly implies that it was understood these were not regular 40 acre parcels. Both jobs are luckily lacking any neighbors fussing and fighting over what I see as somewhat cloudy ownership. At most, a few of the land owners are vaguely aware of any boundary complications but are quite happy with their fencelines. As of now, I am leaning towards holding these historically "Accepted and Occupied 40 Lines" while clearly, and carefully, acknowledging the difference between said line and the true government proration line. I at least want to do a bit more than the surveys before which simply show it graphically with no dimensions or further explanation. Change my mind. ?ÿ

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thebionicman

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@ryancj31

I use a similar approach. My description would read "West irregular half (patented as fractional half of...").

Tie the current term to the original used. It's short and tells the story...

Posted : May 20, 2021 1:43 pm

aliquot

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@thebionicman

Not a bad solution.?ÿ

Posted : May 21, 2021 9:09 pm

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"Accepted and Occupied" 40 Lines

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