We were contacted this week to do a boundary survey where one should have been done many years ago or at least a time or two since then. Now the ground is becoming considerably more valuable than what it was twenty years ago. What could have been done for a very reasonable amount by involving a licensed surveyor 20 years ago is now a mess.
My guess of what happened 20 years ago involves a mapping tech at the local courthouse. I'm sure the intention was to sell everything out of a quarter section except what was south of a jogging fence and east of a significant creek. A survey at the time would have only involved needing to know the south and east quarter corners and the southeast section corner, plus a bit of highway right-of-way data (maybe, maybe not).
The deed listing the description of the part kept 20 years ago reads something like this: The south 24.4 acres of the east half of the east half of the southeast quarter and the south 7.2 acres of the west half of the east half of the southeast quarter and the south 1.7 acres of the east half of the west half of the southeast quarter lying east of Pneumonia Creek.
However, the US highway along the south side of the section eats up several acres in this corner of the section. Do we count that area in the above totals or not? The right-of-way is actually fee ownership by the State Highway Dept. and was created far longer than 20 years into the past. Now we need to breakdown the entire section to determine where each of the three aliquot parts listed are located to rough out the acreages listed. That will involve traveling across private lands as there is no public access to nearly all of the north and west lines of the section. A trek to the calculated or otherwise determined center of section will involve traveling over other private land. The deed says "east of Pneumonia Creek". I'm assuming they intended the center line of the creek but I'm fairly certain an existing fence was held as being the north line of the 2.7 acres so the area east of the creek bank may come closer to matching the area listed.
Fortunately, both parties involved in the current transaction are intelligent in the ways of real estate and called for the survey because they already understand that there are several problems involved. The fun will come, I assume, when the principal adjoiner discovers our work in progress.
I love my job. I love my job. I love my job. I love my job. I love my job. I lo.................................................................................................
BTW, I just made up the name Pneumonia Creek. Today it should probably be called Poison Ivy Creek.
If you are looking for a more ominous name, Consumption Creek has a nice, alliterative ring to it.
Speaking of access to private land, does Kansas have a right of entry law? In Colorado, if we cannot get the land owner's permission we have an exemption to criminal trespass, which requires 2 weeks notice.
Not a problem in Kansas. Still, one needs to be smart about how they handle things. I don't want to be driving past one of my properties and see some yahoo out there cruising around doing something I've not been told about. So, I don't want to be too guilty of the same thing.