:good:
Love the grate Avatar! Very appropriate for a Monday!
Surveying? Or deed staking? - Change
I find it a bit funny that you guys are talking about a fence being 25 feet off, one way or the other, and last week I was struggling with a wall that missed by about 5 inches LOL
> Love the grate Avatar! Very appropriate for a Monday!
Got it from my EX Mother in Law several Mother's Days ago. But there was a nice card wishing me the best of all after her daughter wiped me clean....
...just jokin' 😉
> Does meets and bounds have any sway? What a confusing mess you must have with fences!
It's metes and bounds
I used to have a client who used to tell me that he needed a "leaps and bounds" description. 🙁
Sometimes a fence is just a fence. ACSM published an excellent article about this way back in the day. My memory is that Merlin once got permission from them for us to link it for discussion in a forum such as this. Here ya go:
Clearly our #1 topic has remained the same since 1979.
We always hold the fence as the boundary. As long as it's a boundary fence.
Thanks, just finished printing it out, will read it later.
jud
> I used to have a client who used to tell me that he needed a "leaps and bounds" description. 🙁
😀
That's a good post, LR.
No question, finding a difference between the deed dimensions and the fence should, AT THE LEAST, result in an interview of the present land owners, and to extent that they need to be found, the prior land owners.
To set pins at 300 feet when both of the present property owners believe that the 60 year old fence is the property line, is nothing less than stupid.
> No confusion, a judge has decreed land courted land. It is all surveyed and mapped to become registered with the court. You cannot adversely possess the land, you cannot change boundaries without a court appearance.
>
> Back to your fence: if I want a fence on my land and a 25' vegetated buffer to my neighbor, then why should some surveyor hold the fence? Of course, I'd set a monument at my corner, but some surveyor should find that from the deed information.
By holding the fence, the surveyor is not changing anything. To the contrary, by holding the deed distances in this instance, the surveyor would be changing the boundary.
Parol evidence suggests that the grantor and the grantee paced the distances agreed upon. They built the fence according to that agreement. Where they failed: they did not mention the fence in the deed. They did not set monuments as surveyors would, but they did monument their agreement (the fence).
There is no legal principle that I can find that would suggest that a surveyor should upset this long standing acquiescence in a boundary in favor of those distances given in the deed.