Said road laid out along section line

That kind of looks like either a Pennsylvania or West Virginia road. I thought all PLSS Roads are straight and flat!!

It appears that the road is the best evidence for the location of the section line.

Therefore, the section line is along said road as it was laid out... (heh heh heh) :hi5:

That sign that's down the road a ways?
Is that the one you put out when you're working in the R/W?:-)

Don

It says along, not on the Section Line. Many of the roads were along the section lines, placed their by the owners to get to town long before the county, state and feds built any roads. When a government took over an existing road it often stayed right where it was and later surveyors assumed it was constructed on the Section Line. We have about 1200 feet of road that was constructed along the section line on the neighbors land at home, surveyor came along and assumed the road was the better evidence of the section line location, ignoring old fence lines and farm berms that existed both East and West beyond the road. In the event of a vacation of the road, we gain 33 feet according to that survey, when we should gain none. Our occupation line along that road was and still is along the section line, and the whole road occupies the neighbors land. Lack of research and failure to just look at and accept the evidence in place in favor of the assumption that all roads are always on the section lines is poor practice. The photo above looks to me to be one of those cases, it would take some work and research to determine intent but no matter what I found the section line would not be bent to follow the road as built, their might be some justification to follow the ROW.
jud

Dollar to a donut the R.O.W.is parallel to the section line. Looking at the terrain, the road builder probably followed the easiest path to construct the road.

-JD-

> It says along, not on the Section Line. Many of the roads were along the section lines, placed their by the owners to get to town long before the county, state and feds built any roads. When a government took over an existing road it often stayed right where it was and later surveyors assumed it was constructed on the Section Line. We have about 1200 feet of road that was constructed along the section line on the neighbors land at home, surveyor came along and assumed the road was the better evidence of the section line location, ignoring old fence lines and farm berms that existed both East and West beyond the road. In the event of a vacation of the road, we gain 33 feet according to that survey, when we should gain none. Our occupation line along that road was and still is along the section line, and the whole road occupies the neighbors land. Lack of research and failure to just look at and accept the evidence in place in favor of the assumption that all roads are always on the section lines is poor practice. The photo above looks to me to be one of those cases, it would take some work and research to determine intent but no matter what I found the section line would not be bent to follow the road as built, their might be some justification to follow the ROW.
> jud

Friend - I was being sarcastic to Mr. Cow. Hence the funny lil emoticon: :hi5:

But, since you've opened this can of worms:

"By a line, or upon a line, relates to being on or along a line. When Along, By or Upon refers to a strip of land, a right of way or road, without qualification, it carries to the thread or center of the strip." - Writing Legal Descriptions in Conjunction With Survey Boundary Control, Wattles, p. 3.8.

Maybe the manual spells out the definition of On and Along differently, I don't know.
By the way I agree with you. In general the best evidence for corner bounds are the original monuments called for in the record.

You're a sly one, Don.;-)