I've got a doozy of a family partition going on now. In the inception, there was a 122-acre tract than in 1902, was partitioned into the East 40 acres, leaving a residue. This tracts West line was called to the South and the description of the 40 acres is less than ideal and simply quotes the deed calls from the 1880 description for the 122 acres. Lots of natural boundaries here.
So, around 1921, this 40 acres has been sold back and forth for 20 years and finally ends up in the original family's hands again, but not the same original grantor. Then, in 1921, a cat named Tate ends up with the 40 acres, still with the same description.
Well, in 1938, the family gets around to partitioning up the residue of the 122 acres. So they get this surveyor named B.A. Salter, who, if you can imagine, is a poor surveyor. So much so, the story goes that he routinely adjusted his compass in the center of railroad tracks so that the two rails would pull on the needle the same. This is the guy I'm chasing.
So, we do the preliminary survey, and look at all the partition deeds. Well low and behold, Salter runs East from the original West line of the 122 acres to the "West line of Tate" in all of the partition deeds. No biggie, except that he calls to go "With Tates line" North 20° West, not North.
So, needless to say, there is a 9.8-acre conflict. Happens, right?
So, I've been to the court house lots of times, and I have it figured out. The landowners next door are going to come in with my clients tomorrow so I can explain it. I suspect, but cannot prove yet, that there is a boundary line agreement. Many of the deeds from this area didn't get recorded and there are gaps in the chain of title.
So, with this knowledge, my client goes to "grandma's house" and looks through a stack of deeds and thinks he's found the "silver bullet". He didn't but what he did find was interesting.
When the goofy surveyor (I use that term loosely) Salter divides up the property, he writes a letter to the landowner. I'm paraphrasing the next part, but you get the drift.
Mr. Landowner, after returning and balancing our work, we find that we ran the line between the two 20-acre tracts 40' to the North. However, as you are aware of where the stakes are, you only need to measure 40' South from each one and construct your fence and it will be correct.
Now, that line is not in question as it's in the middle of what I'm doing, but WOW, expect the landowner to fix YOUR mistakes. It was a new one on me.
> When the goofy surveyor (I use that term loosely) Salter divides up the property, he writes a letter to the landowner. I'm paraphrasing the next part, but you get the drift.
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> Mr. Landowner, after returning and balancing our work, we find that we ran the line between the two 20-acre tracts 40' to the North. However, as you are aware of where the stakes are, you only need to measure 40' South from each one and construct your fence and it will be correct.
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> Now, that line is not in question as it's in the middle of what I'm doing, but WOW, expect the landowner to fix YOUR mistakes. It was a new one on me.
Kris, I'll bet that you are going to really save some field time from now on if you know that East Texas landowners can measure off your random traverse to find where their lines are.
One of the old guys around here used to set a nail or stake and tell the landowner to go set pipes on them. As you can imagine, some fudged a bit... The same old surveyor (*sometimes*) used to instruct landowners to build their fences six feet on their side of the line. Lots of fun following him.
Me. "What's the difference?"
T.C. Carroll "It's the difference between right and wrong!"
Kent
Hell no. That sob ran the true line but ran it in the wrong spot!!!
LOL!
Kent
hey at least he was honest enough to acknowledge he was a bad surveyor. sounds like a mess.