Have a thirty acre tract of woodlands with a?ÿ map that was recorded in 1968 and I believe was a "paper survey" with no existing prop. corners found at all and very likely never set. Fast forward 50 years and all the old aerials show that the tree lines on the north and south sides of the property (difference in ages of trees due to logging) that are 100 or so feet incorrect when you get to the rear of the property. Title was of course taken via the "paper survey" so the question is where are the lines if no corners were ever set, it was likely not surveyed, and the parties have been living by the tree lines since 1968.?ÿ Red lines are paper map, other lines are tree lines.
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Surveys like this are normally solved by using title sequences, conditions on the ground, adjoiners ownership, putting it all together.?ÿ
Just because pins were never set doesn't mean boundary is invalid.?ÿ And even if pins were set the owners could have ended up occupying this exact same configuration anyway.
So, what you're looking to do is make the occupation line and the title line the same, right?
If so, a couple of the simpler solutions that I am aware of are:
1.) Everyone pulls back their occupation to the title line.
2.) A boundary line adjustment is done to move the title line onto the occupation line.
That looks like just another surveying day in Kentucky.?ÿ At least there is occupation around a similiar sized parcel.?ÿ Perhaps a bit of an angle bust but all in all, looks fairly cut and dry, check local listings.
I'd be looking into a boundary line agreement if you can find no other evidence beyond the map and occupation, and if BLA is an option in your state.
I can see how this would be difficult if you're not used to dealing with lots that have never been surveyed or monumented.?ÿ How long ago was it logged??ÿ Is there any way to speak with someone who was involved with the timbering??ÿ If one of the owners flagged the line for the loggers, I'd cling onto that like a hair in a biscuit.?ÿ If the logger just guessed, independent of property owner input, I'd start the long and arduous process of speaking with all the adjoiners and attempting to find an equitable agreement.?ÿ
These types of surveys are the reason I draw attention to the Assumptions/Limitations portion of my contract where it states that the client will be notified of events like this and given the option to proceed with a new cost assessment or end the survey and pay time accrued.?ÿ Hopefully you're not falling on your sword.?ÿ Good luck.
These types of surveys are the reason I draw attention to the Assumptions/Limitations portion of my contract where it states that the client will be notified of events like this and given the option to proceed with a new cost assessment or end the survey and pay time accrued.
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This is an excellent point, and something that I see only too rarely. Most contracts state a couple of assumptions, but do not spell out what will happen in the event that those assumptions are incorrect.