A new job falls into the title examiner category rather than the expert measurer category. A dispute exists because of conflicting descriptions that have been used without rancor for more than a few decades. I'm sure the problem dates back to the days of kitchen table-prepared descriptions.
The issue, fortunately, is contained to a single PLSS quarter section. However, today there are 22 separate tracts within that quarter section, but no subdivisions. That is, there are no platted subdivisions consisting of several tracts created simultaneously. Everything happened individually over the past 145 years. There are 151 deeds of record filed within the quarter section that now has 22 separate tracts.
Ninety percent of the time that will be spent on this project will go into pulling each 30 lb. book of recorded deeds and thumbing through the pages to find the one deed that is being checked before moving to the next of the 151 deeds in a different 30 lb. book. At some point the job will get easier as we will be able to isolate certain blocks of deeds that cannot impact the properties directly involved in our job. Maybe we will only need to look at 120 deeds or 90 deeds or 50 deeds. The challenge is to start at day one and follow the sequential creation of tracts until we find one that encompasses both contentious parties' tracts yet excludes the remainder of tracts within the quarter section from further review. Then we will need to observe which of the two tracts was created first and the approach used. That is, was it described as an aliquot part or as a metes and bounds description being (660 feet or 990 feet or 1320 feet) from a government corner or by some other means. How have the original descriptions been altered in later deeds?
The real world is not perfect. Prior surveys of record impacting this section indicate that the east line of the quarter section involved is about 20 feet short of the standard 2640 and the west line is about 100 feet short. Hence, any mixing of aliquots with assumed standards, i.e., 165/330/660/990/1320, may have created the current problem. The proof will be in the pudding (deed books).
We have been told that a survey has been made of a related tract by following precisely the numbers written in the deed. There are monuments at the four corners of the quarter section that may or may not have existed at the time of the writing of the critical deeds. Just because they exist does not necessarily mean they are valid.
All of the measuring gearing in the chariot will remain unused until sufficient study has been made of the written records. If the corner monuments are deemed to be valid, the measuring process will be fairly simple and straight forward until evidence of possession in multiple locations begins to complicate or confirm the matter at hand.
Aspirin donations would be nice. Even better would be donations to a fund to send me to Bora Bora for a six month sabbatical.
I love those jobs. It's what we do. Be the Professional and solve it in a manner that creates lasting peace in the neighborhood. At the same time show the rest of us that step one is never stumbling around hoping to find an old footprint. It so doesn't get any better than that....
By the way, I want it cheap, fast and accurate. Closing next Tuesday. It cannot be that hard, the neighbor was just surveyed.
Some words of wisdom that were related to me years ago by an old sage surveyor might be appropriate at this time....
"If you try to please everybody, somebody is gonna get mad.."
Sounds like billable hours.
I would hope the client would be funding that there outing. But maybe not, it does seem that surveyors would appreciate your monumental task more than the client ever will.
"the measuring process will be fairly simple and straight forward until evidence of possession in multiple locations begins to complicate or confirm the matter at hand"
I sure hope you keep all of us informed of your progress, this is going to be interesting. B-)
These types of jobs are the most interesting to me!
These types of jobs are the ones the client is least interested in paying to have it done properly.