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Multiple surveys holding two different section corner locations

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(@roostera)
Posts: 15
Eminent Member Registered
Topic starter
 

Just wanted to give an update on this now that I've done the field work and offering a scenerio that may likely come up long after I'm gone. The current landowner farms both sides of the east line of the NE 1/4 and will transfer all of the ground to his grandson who also farms with him. An aerial from the 1930's shows a very defined fence line that no longer exists and all of the field is farmed through..no discernable occupation lines exist anymore. After being out there now and seeing the lay of the land, you can tell the fence in the old aerial was built from the East 1/4 corner and went north to the 1/4 1/4 corner (on a pretty straight line if projected to the GLO monument at the NE corner). But once you get to the top of the hill near the 1/4 1/4, you can see the road intersection, which appears that they aimed at the intersection instead of continuing on their current alignment and put a noticeable PI in the fence line at the 1/4 1/4 corner. The original plat that created the parcels in this area happened in 1978 and started at the road intersection corner (described as section corner) and held the fence line south as the section line to set the east property corners of a small 2 acre home site, which those east corners have since been removed with the fence. If the large farm is sold and the new owner wants to put in a fence on the east line of the NE 1/4, would you stake the line using the GLO monument or the intersection monument, given that multiple surveys have tied into the two corners seperately. At what point does the 16' sliver get resolved, if ever, and does the 1/4 1/4 line in each direction of the NE corner theoretically have a sliver as well??ÿ?ÿ

 
Posted : 09/09/2022 8:07 am
(@michigan-left)
Posts: 384
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Posted by: @roostera

the off-centerline monument hits GLO 1/2 mile distances within 0.4'

Around here, if that monument is "original", that would be quite a miraculous feat for the GLO surveyors, even for our county surveyors that came through after the fact many years later. One of those "close, but not perfect", but also "a little too close" compared to their normal standard of care scenarios...

Do you consider this corner/monument to be the original GLO corner? Did you dig it up, or does it match original GLO accsesory ties (if still remaining)?

In Michigan, we have Property Controlling Corners for situations like this:

MCL 54.202(i) "Property controlling corner" means either of the following:
?ÿ
(i) A position misidentified as and used as an original public land survey corner or as a protracted public land survey corner that serves to control property.
?ÿ
(ii) A corner that does not lie on a property line of a property but that controls the location of 1 or more of the property corners of the property.
 
Posted : 09/09/2022 9:51 am
(@roostera)
Posts: 15
Eminent Member Registered
Topic starter
 

Sorry, I'll clarify that it's NOT the original GLO corner. No original ties remain for it...just a Northern Natural Gas station with a property fence corner that measures 33'x33' from the 5/8" rebar. That property is the earliest deed that appears to use the rebar. Another survey to the east also held it in the 90's. I know the GLO distance match is suspicious by hitting that close, but the original distance is 2633.40'. The road terrain is sloping but not outrageous for taping a horizontal line that far, which is why I could believe the GLO location. Going north up the east line of the SE 1/4 of the next section is the city limit line with the city being on the west side of the section line. I couldn't find any remaining block corners but landscaping and old fences hit within a couple feet using the GLO location for the ROW..the intersection corner has the ROW line nearly to the face of a couple houses with improvements definitely encroaching. This town/county has notorious encroachment issues where monumentation is lacking and people built wherever they felt is best suited.?ÿ

 
Posted : 09/09/2022 11:09 am
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