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Fence corners used as property corners

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trojan1stdown
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When do you use fence corners as property corners? I know that I would use it if it were called for in the deed but what are other situations where you would consider it acceptable.

My Project: Boundary survey for 5 adjoining parcels in an older part of town. Parcels vary in size, none over .75 acres.

My Found Evidence: 40 year old fence around most lines. 12 corners to locate found a total of 4 existing corners, 2 on separate parcels and lines. Only one deed uses a surveyor's description and was very helpful in finding 2 of the corners. The others have vague descriptions (In a westerly direction 125 feet, then north 75 feet, etc.). One deed called for 38 ft b/t 2 corners, we found them and they were 44 feet.

My Predicament: One of the irons found is about 4 feet east outside of a fence corner. If we pull the called for distances off of our found irons, they are off the fences badly, some falling inside and others out and cut through houses on some of the parcels. I can't find any evidence of previous surveys other than the 2 irons 44 ft apart. The fence corners have been here for a while and all the neighbors are fine with there assumed property lines along the fences.

Would you set something and show all the encroachments or would you accept the fence corners? These surveys are for an appraisal of the properties that a county wants to buy so they will all end up being owned by the same entity as their current adjoiner.


 
Posted : May 4, 2013 10:23 am
Jon Payne
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> If we pull the called for distances off of our found irons, they are off the fences badly, some falling inside and others out and cut through houses on some of the parcels.

What happens if you do not hold the 'found irons'? Meaning how do the fences work with each other?


 
Posted : May 4, 2013 10:39 am
Chris Duncan
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I have encountered similar situations before. I generally hold the fences as my platted property line, show bearing and distance tie lines to the irons and label them "iron found not used". Then put a note on the plat saying something like "discrepancy found between irons and fence corners. A boundary line agreement is strongly recommended".


 
Posted : May 4, 2013 11:03 am
paul-in-pa
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Very Hard To Fix W/O A Survey Of Every Lot

No matter what you put on your map, it will have no or little effect on lots you are not contracted to survey.

Paul in PA


 
Posted : May 4, 2013 11:24 am
trojan1stdown
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Those distances don't really fit any descriptions either.


 
Posted : May 4, 2013 12:03 pm

duane-frymire
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I don't think you have enough evidence to hold both the irons. One or the other might be a called for, but the distance is way out of tolerance that I would expect. I think the improvements are much better evidence of the original parcel lines (fences and other structures). There's no way I would show lines running through old houses based merely on those irons.


 
Posted : May 5, 2013 5:53 am
Stephen Calder
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I agree with Duane. No way would I hold the irons so that the lines slice through houses while being that far out of record position.

The fences sound like the truest evidence to retrace.

Stephen


 
Posted : May 5, 2013 4:46 pm