At the moment I'm working on a 1200 acre boundary. The area I'm working in was originally surveyed sometime around 1810. The descriptions from then haven't been improved much. Everything has been going good until I came to the exception in the lot.
It reads “Excepting and Reserving therefrom a piece of land lying in the northeast corner of said Lot 11 of the French Mountain Tract, beginning at the northeast corner thereof, thence south on the east line thereof to the marsh, then the same course three rods into the marsh, thence parallel to the north line of the lot one chain fifty links; thence north parallel with the east line of the lot to the north line of the same in the lake; thence east on the said north line to the place of beginning.”
I’ve done all the research and have found four surveys of this parcel. All were done by local Surveyors with good reputation for quality work. Not one of these surveys match. Some of the surveys have used the existing marsh line to establish the boundary while others used the field notes.
The problem being that the north line of the lot is under water, and always has been according to the old field notes (1810). The lake level was raised about 4 feet in the 1930’s. About the same time the state highway that cuts the parcel in half was constructed. The original location of the edge of marsh is long gone.
In 2006 a correction deed was filed to exclude the exception from the State owned parcel, but the purchase of the state parcel was completed in 1974. The State did not agree with the correction deed but it was filed anyways. To make matters worse the State used eminent domain procedures to acquire the parcel south of the highway (Although purchased as fee, the state used appropriation to clear up the title). All the surveys show the exception protruding into the State parcel in one way or another.
The correction deed was filed because the person claiming the exception believed that the proper procedures of eminent domain were not correctly followed. They said that the appropriation map had never been file with the clerk. In the course of my research I found the map to be filed, it had just been misplaced.
Now comes my part on determining the boundary. The exception owner has disputed ownership several times in court. They lost both times. All they have left is what’s shown south of the ROW. If I place the boundary along the appropriation description (ROW line) that’s gone too. The best part is this guy has more money than brains, so I know this will guarantee a court appearance!
Just been one of those weeks. Happy New Year’s!!!