Typical PLSSia survey. Deed says "the north 450 feet of the southeast quarter of the southwest quarter of Section X (a regular section). The iron bars found at five of the Government corners may or may not be located above the original stones from the 1870's. One apparent corner without a bar is probably on the centerline of what is now a state highway, built with 1922 plans by the county, not the state. There is no record of the center corner being set at any time. The two remaining Government corners fall within a few feet of a sizeable creek per the Field Notes and the creek has probably moved quite a bit in the past 140 years.
Here's the catch: The 1922 plans label a spot on the centerline of the highway as being the common corner to the four quarters, but, the bearing of the supposed quarter section line bends 10 minutes to the east north of the center as compared to south of the center. Obviously, this can't be on a true line from north quarter corner to south quarter corner as would be expected. Both the east quarter corner and southeast corner are probably lost. The Government survey crossed the creek nine times in the one mile journey from southeast to northeast corner. Attempting to replace the east quarter corner with mathematical certainty is highly unlikely.
What happens if you accept the south and north quarter corners and place the bend as recorded at the proportional distance as noted in 1922 to establish your Center of Section?
Survey Book A in the courthouse, in about 1940, shows the center as being at that location. Does that influence your thinking? Does the physical evidence of fences constructed by property owners along the presumed property lines have any bearing on your answer?
There's a bend at every section corner and every quarter corner, when they're all supposed to be on straight lines. It's a simple fact. Why do we get all hung up on some arbitrary rule (designed for the first running of the line on the ground, not for retracement) that is completely impossible to apply with precision, then worry when there's a "bend" at the center of the section? It's completely illogical and is not the requirement of law.
The law simply requires that we retrace the boundary as established on the ground. You have, and you've found physical evidence of the established boundary. Haven't you completed your task at that point? Oh, ya. You still have to show the bearings bending through what you found.
The center is where the center has been precisely established. That's never where you would precisely expect it to be. An accurate survey will show the established center.
JBS
I think this is a little different then what you’re talking about. As I read it, the Cow found nothing and wants to proportion the center quarter between the North and South quarters based on a record that for some unknown reason (probably physical evidence at the time) shows a bearing break at the center position. May be legitimate given circumstances that the blessed herbivore knows which I don't, but I don't know....
Don
Blessed herbivore..............I love it!
Simple question?: Are you establishing the center of section for the first time, or are you doing a re-tracement (using evidence) of a previously established, accepted, and relied upon position of the corner?
Isn't this the same question we ask about every corner we survey, whether it be a section corner, quarter corner, center of section, C-E-E 64th corner, or the northeast corner of granny Smiths property described by metes and bounds?
Answer the question .... and well your question is answered.
Just pray YOUR state licensing board knows the laws of surveying better than some.
Brian