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Fractional vs Irregular Sections (PLSS)

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nate-the-surveyor
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Along the northerly, and westerly sides of Townships, there are oddly shaped Sections, sometimes lotted.

I have usually refered to these as "fractional". According to another surveyor, this is wrong.?ÿ

Correct term for this is "irregular"

"Fractional", has to do with situations where a Section is on both sides of a river, (or such), and what's going on on one side of the river, does not line up with the other side.

"Other surveyor", said he used to believe as I do, but that Dennis Mouland busted him. Then, "other surveyor" looked it up in 1973 BLM Manual, and Dennis was correct.

This rather hurt my feelings, obviously. But, I'd druther get my feelings hurt, than be wrong.

So, what sayest thou?

0.04'

?ÿ

?ÿ

?ÿ


 
Posted : March 27, 2018 7:49 am
dave-karoly
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I looked at the Manual last summer.?ÿ I found the term "Fractional" refers to Townships which are truncated by a body of water, Rancho Grant, etc.

The north and west tier of Sections don't seem to have a name.?ÿ I have heard them called Closing Sections but didn't find that label in the Manual.

The term "Fractional" as in "the Fractional Northwest Quarter of Section 2" sometimes appears in old Deeds.


 
Posted : March 27, 2018 7:54 am
dave-karoly
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Okay, looking at the 2009 Manual, see Section 3-80.?ÿ This version calls the Township an Irregular Township, not Fractional which apparently only refers to Sections.?ÿ Section 3-96 mentions Irregular Sections but it doesn't seem to be referring to the north and west tier of Sections, more like Sections which are messed up for whatever reason (not rectangular within limits).


 
Posted : March 27, 2018 8:01 am
thebionicman
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A fractional section is one where one or more of the exterior lines was not returned. This is easily identified by the lack of establishment of a section or quarter corner. It is important to remember setting and establishment are not the same..


 
Posted : March 27, 2018 8:01 am
peter-ehlert
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Nate: I like to refer to the manual that was in effect when it was first surveyed, and patented. The terminology they used is still "correct", not the modern translation. Nick Names don't count.
Yes, as noted above, the various manuals use differing terms.


 
Posted : March 27, 2018 10:06 am

Gene Kooper
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The 2009 Manual includes definitions for regular and irregular sections.?ÿ

Regular sections (3-32, 3-96(2), 3-103, and 3-105) are defined as follows ("Regular" sections were called "regular" sections in the 1973 Manual):

  • Returned as containing 640 acres;
  • Subdivided into regular "aliquot parts," based on midpoint protraction and intersections;
  • No lots;
  • For platting: the boundaries are or were not considered defective (section 3-96(2)) (for platting - refers to the original survey); and
  • For resurvey: the boundaries may be found out of limits, but it is still considered regular (for resurvey - once regular, always regular, for subdivisional purposes).

?ÿ

Irregular sections (3-32, 3-54, 3-57, 3-96(2), and 3-105) are defined as follows ("Irregular" sections were called "fractional" sections in the 1973 Manual):

  • Is not a regular section - Section lines are or were considered defective (rectangular limits); - Includes sections along the north and west boundaries of regular townships; and - Includes elongated sections, fractional sections, invaded sections, partially surveyed sections, and sections containing outlying areas protracted as surveyed;
  • Elongated Section (section 3-110) - An irregular section, "when the length or width of a township exceeded 480 chains to such an extent as to require two or more ranges adjoining the north or west boundary" ("85 chain rule" - additional monuments will be required (section 4-44));
  • Invaded Section (section 3-106) - An irregular section invaded by a meanderable body of water or by an approved claim, grant, or reservation at variance with the regular legal subdivision ("Invaded" sections were called "fractional" sections in the 1973 Manual - see section 3-82 and figure 47 in the 1973 Manual);
  • Partially Surveyed (section 3-125) - "...portions of the section boundaries are impassable or so insecure that acceptable monumentation is impracticable, or there is an administrative reason not to survey portions of the boundaries and yet a need exists for a survey of the accessible area" (figures 3-47 and 3-48 say regular sections, by definition those are irregular sections because they have not been returned as containing 640 acres.?ÿ They may be considered regular sections if the unsurveyed portions were returned in a completion survey (section 3-96(2)).?ÿ However, the aliquot parts that were returned are considered regular for subdivisional purposes (section 3-117)); and
  • Section Containing Outlying Areas Protracted As Surveyed (sections 3-83 thru 3-96) - A section having one or more section lines not completed for reasons other than being invaded and having an area protracted.

?ÿ

An irregular section is regarded as fractional if it meets the following definitions in the 1973 and 2009 manuals:

1973 Manual (sections 3-82 and 3-88)

  1. A section with more or less than 640 acres, or
  2. A section in which at least one quarter-section corner has not been or cannot be fixed.

Referring to the 1973 term "fractional" section: 2009 Manual uses the term "irregular" for number 1 and "irregular-fractional" for number 2.

2009 Manual (sections 3-118 and 3-119)

  1. A section contains outlying areas protracted as surveyed, or
  2. An invaded section in which at least one quarter-section corner has not been or cannot be fixed.

?ÿ

From section 3-119 - The law presumes that a corner has not been fixed when:

  1. The section line on each side of the corner position has not been actually run (figure 3-44), or
  2. The section line has been actually run but at least one corner on either side, on the section line at issue, has not been monumented (figure 3-45).

"Fixed" - the corner position is fixed by the running and marking of the lines (section 3-137).

"Actually run" - when a bearing and distance of the line has been returned in the official survey record (section 3-119).

?ÿ

The above definitions are from the CFedS course, "Fractional Sections: Identification and Subdivision", presented at the 2017 PLSC conference by BLM surveyors Bob Dahl, Sean Mullin and Mike Boeckman.

?ÿ

Edit to add:?ÿ The figures referred to above are figures in the 2009 Manual.


 
Posted : March 27, 2018 10:06 am
spmpls
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Sorry I am late to the party, but come on Nate. All the Texas surveyors already know us inferior PLSS surveyors survey out of a straight forward cookbook. At least get the names of the ingredients correct! I mean, how hard can it be?

I miss Kent.?ÿ ??ÿ


 
Posted : April 2, 2018 6:15 pm
RADAR
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Posted : April 3, 2018 9:07 am
paden-cash
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Posted by: SPMPLS

...I miss Kent.?ÿ ??ÿ

"Miss" might be too strong a word.?ÿ?ÿ In my opinion, low pH posts are much like jock-itch or athlete's foot;?ÿ you really notice when they're gone...but I'm not sure the word "miss" is appropriate.... ??ÿ

(For the record I spoke with Kent just this morning.?ÿ Our poo-slinging here on the board was more dramatics than anything else.)?ÿ


 
Posted : April 3, 2018 10:26 am