No creek just an old fence in a mess of trees to the east. After the deflection in the fence straightens out to the east the fence and tree line appears to follow the section line with in a couple feet.
The cemetery belongs to a Catholic church, rather than being under the township trustees as I had guessed.?ÿ
The county GIS is a bit confusing.?ÿ It indicates the property line does not follow the section line in the area of the driveway and also in the parcel to the north.?ÿ That may be an extension of the road ROW to the quarter section line. The GIS shows no ownership for that bite, which is typical for roads, etc.?ÿ I also need to look on the adjacent county.
I believe exclusivity has been established because only the cemetery has used the area south of the fence for well over 10 years.
Openness can be factored out because the owner to the north did not believe they owned the land until I measured the distance was 178' instead of the 99' (6 rods) north of the west 1/4 corner.
The lawn south of the fence has been mowed and maintained by the cemetery for well over 10 years.
My next step is to contact the cemetery and go over my findings and determine what both parties want to do with this area.
The county to the west shows the church owning two 1-acre square parcels, which of course don't line up with occupation. It is interesting that this county does not divide off the ROW and shows parcels going to the center of the road, whereas the eastern county does distinguish ROW and shows no ownership information if you click there.
You are correct, pretty confusing. The ROW document states west 1.5 rods starting at the NW corner of section 6 running south to the SW corner of section 31 in the same TWN and RNG.
Here is the deed when the 1 acre was first created in 1871. After that is was transferred the to the Diocese in Dubuque in 1912 then the Diocese of Sioux City, then to the St. Patrick's Catholic church.?ÿ
Recommend starting out by following the words of the deed precisely. Also be prepared on short notice to draw in the other boundaries of lands owned by the cemetery rather accurately. Discuss your findings with the client and do so in great detail. Be prepared to answer as many questions as possible and also be prepared to name the other parties and a good attorney very familiar with real estate issues along with their contact information.
This is not a candidate for the wham/bam/all done category of survey project.
historicaerials.com shows the tree line northeast of the cemetery as far back as its earliest photo from 1939.
An unofficial history is at:?ÿ http://www.celticcousins.net/irishiniowa/stpatricksonthelizard.htm listing peope who gave land and that 3 acres was later purchased for the cemetery.?ÿ
A couple pictures of the building along with this history
Rt. Rev. (Right Reverend) is an English title used by Bishops in the Church of England and U.S. Episcopal Church.
Roman Catholics in the U.S. use Most Reverend for Bishops (to add to the confusion Anglican Archbishops use Most Reverend). The exception is in the U.K. RC Bishops use Right Reverend like their Anglican counterparts.
It is most likely that taking title as Bishop of Dubuque means the title is vested in the office, not the person. This is an English concept known as the corporation sole. The corporation sole owns the property, not the person occupying the see at any given time. More modern Deeds will say the Roman Catholic Bishop or the Episcopal Bishop to clear up any confusion about which Bishop is intended by the Deed.
Fantastic info, Bill. I note the first burial occurred in 1871. This is about five miles west of Clare, Iowa. Interesting that the primary location of gravestones does not fall on this parcel.
The first burial.
https://www.findagrave.com/memorial/17131464/murtagh-dempsey
Scroll in on the "?" to see how they think the cemetery is bounded https://www.findagrave.com/cemetery/96233/saint-patricks-cemetery/map
Scroll in on the "?" to see how they think the cemetery is bounded
That is just somebody's contribution to Open Street Map coloring in the apparent occupation, which anyone could do from any aerial photo.
Here is the deed
Gee, I was feeling good about solving the location puzzle (while not publishing the answer), and here a few minutes later you posted the deed.
I looked in your home county and adjacent ones for a road that curved like that between sections 24 and 19, and didn't find it.?ÿ Then you mentioned another county so I expanded the search along county lines and found it, an hour+ drive from your town.
In Iowa it takes an action of the court to decide boundaries by acquiescence. Heer v. Thola
Boundaries by agreement do not require a court action - just a recorded binding agreement. Surveyors in Iowa need to be very careful about a distinction between determining boundaries by acquiescence vs. a boundary by written agreement. Iowa surveyors cannot decide acquiescence even though some like to think they can. They can and often do show occupation lines as the boundary and it may well be so in the eyes of the court be but that doesn't make it so without a final court decision and leaves the job half done. It's up to the owners to decide if the rectangle holds or the triangle because the evidence is in dispute with the record shape. The surveyor is unauthorized to make this determination. I urge you to consider this to reduce your own liability.?ÿ
355.4
The surveyor shall acquire data necessary to retrace record title boundaries, center lines, and other boundary line locations in accordance with the legal descriptions including applicable provisions of chapter 650. The surveyor shall analyze the data and make a careful determination of the position of the boundaries of the parcel or tract of land being surveyed. The surveyor shall make a field survey, locating and connecting monuments necessary for location of the parcel or tract and coordinate the facts of the survey with the analysis and legal description. The surveyor shall place monuments marking the corners of the parcel or tract unless monuments already exist at the corners.
6
650.17 Boundaries by agreement.
Any lost or disputed corner or boundary may be determined by written agreement of all parties thereby affected, signed and acknowledged by each as required for conveyances of real estate, clearly designating the same, and accompanied by a plat thereof, which shall be recorded as an instrument affecting real estate, and shall be binding upon their heirs, successors, and assigns.
