The GLO Field Notes do not indicate that the Lot corners were set by them.
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The thread title refers to the Deed description stating that fractional portions of the section are "aka" government Lots. The "NW 1/4 of the NW 1/4" is NOT the same as Lot 4. If I am trying to set the corners of this parcel as described in the Deed, do I reestablish Lot 4, or do I establish the (fractional) NW 1/4 of the NW 1/4?
You are correct.?ÿ But, I've seen thousands of references to closing sections being "fractional" sections.?ÿ I tend to avoid the term as I can't think of ever encountering a true fractional section.
The GLO Field Notes do not indicate that the Lot corners were set by them.
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The thread title refers to the Deed description stating that fractional portions of the section are "aka" government Lots. The "NW 1/4 of the NW 1/4" is NOT the same as Lot 4. If I am trying to set the corners of this parcel as described in the Deed, do I reestablish Lot 4, or do I establish the (fractional) NW 1/4 of the NW 1/4?
In my opinion you stake the Lot unless there is compelling evidence to the contrary, either it was surveyed by mid-points or there is a clear statement in the Deed to ignore the Lot.?ÿ I take the NW1/4 of the NW1/4 as identifying the square on the Plat intended to be conveyed.
I've seen Patents where they used the aliquot descriptor instead of the Lot number but the acreage they state equals the Lot acreage on the Plat.?ÿ There seems to have been confusion on the issue even in the early days and Land Owners may not have understood the distinction.
There seems to have been confusion on the issue even in the early days and Land Owners may not have understood the distinction.
Their eyes gloss over and a monkey banging cymbals starts playing in their head
Stake the Lot, they AKA'd it so I would use it as the control.?ÿ
Doesn't mean the Lot will be a math position, if landowners have already established it, I would follow them (probably).?ÿ
I might even call the mid-point fence line on the N-S centerline the SW corner of Lot 2 if that's what landowners did.?ÿ
We are getting 120-140 years from settlement times and it's really not up to modern day surveyors to upset established boundaries.?ÿ?ÿ
Of course, ground and chain of title evidence might point to another answer.?ÿ
If this is a virgin (sounds like it's far from it) section, I would state the Lots as math solutions.?ÿ
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