A junior survey must be made to conform to and harmonize with lines and calls for older surveys since boundaries of older surveys cannot be extended or varied to satisfy calls of junior survey.
> A junior survey must be made to conform to and harmonize with lines and calls for older surveys since boundaries of older surveys cannot be extended or varied to satisfy calls of junior survey.
Yes, it is a well settled principle of common law. Where some surveyors in PLSS states go astray is that they don't apparently understand what a "junior survey" or a "senior survey" actually are. In the PLSS, where they are dealing mostly with land inside a single township subdivided by one surveying operation with patents issued in reference to the plat of that survey, THERE ARE NO JUNIOR/SENIOR RIGHTS with respect to the various simultaneously surveyed and platted parts and THERE ARE NO JUNIOR OR SENIOR SURVEYS unless the various patented parts were later subdivided by survey to which the severing conveyance referred.
> A junior survey must be made to conform to and harmonize with lines and calls for older surveys since boundaries of older surveys cannot be extended or varied to satisfy calls of junior survey.
Andy
I brought this case up as I am currently working on a survey in which is appears that another surveyor in the 1950's incorrectly located the senior line and instead just followed the Easterly survey which is junior to my clients tract by some 10 years.
The problem is that we were still able to find the blazed line as called for and also three out of 4 bearing trees to pretty easilty re-establish the senior line. However, I wanted to provide my client with some case law to back up my findings so I came across these cases.
I haven't been keeping up so this may have already been discussed, but it seems like State v Post (TX) dealt with similar issues.
I didn't have any law cases at the house last night so that was the only relevant one I had in one of my seminar binders.