Overlap issue real life .
1. I find 2 irons pipes on a well established property line. One pipe is in the well established line and is verified by other corners up and down the line for 1000' each way as being in the line . Other pipe is 4' over the line and is called for in the adjoiner deed from 2001, but the deed also calls for the pipe in the well established line . Deed of the adjoiner notes the overlap in the language, but deed acreage includes the overlap. Since the deed notes the overlap as being and overlap are they admitting the error or claiming the property ?
Owner says he knew nothing of it . adjoiner knew nothing of it . Calling surveyor in the morning.
Back deed calls to the established property line, but dist puts it over the line 4' , this area is very rural and back deed from the 50s .
Sounds like a deed staker got carried away in 2001. My view not an overlap but an error in evaluating the evidence .
How about the case in the coastal town of Mendocino, California where the Surveyor measured the Deed distances off of relatively recent block corners (last 40 years or so) and set monuments showing a building encroaching 1.5'. The building has the year 1865 written right on it, I kid you not.
Unclear on the concept.
Dave...
About 800 years ago or so Dave, when the English Common Law was 'jelling', they knew to "call BS" on that kind of stuff (150 yr-old bldg in the "wrong" place).
How come some folks don't know that now? (they knew more about human nature then?)
There is but only one boundary line and yee be thy professional tasked to define it.
> Overlap issue real life .
>
> 1. I find 2 irons pipes on a well established property line. One pipe is in the well established line and is verified by other corners up and down the line for 1000' each way as being in the line . Other pipe is 4' over the line and is called for in the adjoiner deed from 2001, but the deed also calls for the pipe in the well established line . Deed of the adjoiner notes the overlap in the language, but deed acreage includes the overlap. Since the deed notes the overlap as being and overlap are they admitting the error or claiming the property ?
>
> Owner says he knew nothing of it . adjoiner knew nothing of it . Calling surveyor in the morning.
>
> Back deed calls to the established property line, but dist puts it over the line 4' , this area is very rural and back deed from the 50s .
>
> Sounds like a deed staker got carried away in 2001. My view not an overlap but an error in evaluating the evidence .
The older deed calls specifically for that 4' out pin??? or does the schedule "A" call out a pin? it's more often than not an error on another Surveyor, Most of us will locate both pins and only hold the one that is closest to the Deed Referenced Bearing and Distance, the other pin is called out as an overlap? perhaps its a strip of land with no owner in which case quit claim it to yourself and it becomes yours...lol. Do yourself a favor and look at the other pin on that line and look 4' around that one as well its possible you have an easement running along your prop line and some one pinned the Easement corners, either way you need to have a Surveyor out to establish the lines and map it for you!!! Good Luck...BTW your deed will reference any easements on your property You need to search back before the 50's in the chain of title perhaps it was called for in a prior deed Good Luck
