Jp7191, post: 416995, member: 1617 wrote: Dave, thank you for putting this subject together neatly. I'm going to print your post along with Stephan Calder's paper and fold it neatly and place it within my Elliott's book 'A Treatise, The Law of Roads and Streets' (1890) for future reference.
Thanks again, I am slowly becoming less confused. Jp
Yes, Thanks Dave.
The location of boundaries are determined by evidence and laws, not by who the grantor or grantee is.
ÛÏIt ainÛªt what you donÛªt know that gets you into trouble. ItÛªs what you know for sure that just ainÛªt so.Û ÛÒ Mark Twain
Jp7191, post: 416995, member: 1617 wrote: Dave, thank you for putting this subject together neatly. I'm going to print your post along with Stephan Calder's paper and fold it neatly and place it within my Elliott's book 'A Treatise, The Law of Roads and Streets' (1890) for future reference.
Thanks again, I am slowly becoming less confused. Jp
After reading hundreds of cases it began to dawn on me that there are Deed construction cases and boundary location cases, they are not exactly the same thing. Interpretation of a Deed is a question of law for the Court. Discussion of the law tends to be more clear and logical, maybe because the Justices are Lawyers and the law is their thing. Location is a question of fact and that usually involves expertise from other professions so their pronouncements tend to be more fuzzy. Questions of fact are more difficult to neatly organize into rules so resort has been made to rules of Deed construction which were not intended to entirely be rules of location.
I almost hate to stir up this thread again, but in the latest WA BORELS journal there is an article on WSDOT R/W plans and R/W markers:
http://www.dol.wa.gov/business/engineerslandsurveyors/docs/engSpring2017.pdf
The only superior evidence is that which you haven't yet found.
James Fleming, post: 415725, member: 136 wrote: The guy in the middle has the right idea 😉
Strangers on a Train?
MightyMoe, post: 414613, member: 700 wrote: And don't forget that the surveyors of old highways were often true north, so the bearings adjust as you go east-west
Don't you just love the Centerline/RW plats of an east-west highway, that shows an angle point, with a different bearing each way, and a very bold 180 degree label and arrow, labeling it also as a straight line?