I??m wrapping up a survey of 70 acres in a rural county. The deed calls for adjoiners. One side originally had two but since has been subdivided multiple times. I worked back through those deeds to attempt to establish the original line. Unfortunately, there are multiple overlaps and some gores. The survey is being performed for an estate that has several heirs but only one that grew up on the property. She could only offer that her Grandmother had everything fenced in. The area I am having issues with appears to have been logged a couple of times with the most recent about 4 or 5 years ago. I did find an old fence corner with some buried strands and some pieces here and there in a few remaining trees. There is some flagging marking the edge of the logging and I have reached out to the logging company for any information they might have.
Here??s the rub. The tax map shows a bump out of about 2.5 acres that crosses the ??line? in this area and this area has been logged by my client. Based on the earliest sale of the called for adjoiners, my best determination for the line is the old fence line.
I??m basically ignoring the tax map and the logging evidence and hanging my hat on some sparse barbed wire.?ÿ
Here??s my dilemma.?ÿ
1. Draw the plat and label that side of the line as N/F so and so.
2.Show a separate parcel encompassing the leftover piece from the adjoining subdivision still showing as N/F so and so.
I??m leaning towards option one.
?ÿ
This is low value land with abandoned homes and several of the current adjoining owners living out of state.?ÿ
She could only offer that her Grandmother had everything fenced in.
The question begs to be asked since you are hanging your hat on traces of barbed wire, how can you be certain that the fenced line was located on the property line??ÿ Do any instruments in your chain of title call for any set corners?
She could only offer that her Grandmother had everything fenced in.
The question begs to be asked since you are hanging your hat on traces of barbed wire, how can you be certain that the fenced line was located on the property line??ÿ Do any instruments in your chain of title call for any set corners?
No corners called for only adjoiners. Not the current ones but ones from the late 1800??s. The later lots were all sold by the buyer of a 19 acre parcel that joins our tract. The parcels he sold call for corners and they were found. Those plats show his name outside the parcels sold so it seems that he retained ownership of some of the land. I doubt any of his heirs know that. He is long gone.
Kind of sounds like you need to get the current owners out there and do a boundary line agreement.
What is N/F?
Maybe I'm missing something here, but is there any basis for this "bump out"??ÿ Meaning, is there a description in the deed for it??ÿ Or is it the remainder after other parcels have been sold off??ÿ How does it fit with the original description?
I wouldn't include or discount it, without trying to figure out where it comes from, and how it fits with the abutting parcels, and obviously, whether it looks like it goes with your client's parcel.
@jph After 20 hours in the courthouse, this is what I have concluded. My clients 1919 deed calls for an adjoiner named Davenport. Davenport??s heirs sold to Willis in the 50??s. Willis began subdividing and selling land up until 1972. He is no longer living. The tax maps in this county were first printed in 1987. When they put it together, it looks like they just put the puzzle together of what he had sold and stuck the unsold land into my client??s parcel. I found some old aerial photos for the soil surveys. One set from 1938 and then some in the 40??s and then the 60??s. The possession lines help reinforce my decision. I debated showing the ??gore?as a separate parcel but have decided against that. It??s not really a gore after all.?ÿ
Nice.?ÿ Research clears things up most of the time, at least in my experience.
Congratulations on practicing land surveying. ?ÿ
