I think I posted the "before" photo of the vicinity of this corner a while back. It was this one:
I got back today to actually set a marker where the true corner of the property falls. It turns out that it's on a prolongation of a line extended through the Cedar Stake set (with Rock Mound) back in 1949 at the point where that line intersects the south line of a State highway, the boundary of a tract purchased by the State of Texas in fee simple in 1940.
Most likely, the 3/8" Iron Rod No.146 will never see 2015. I left it in place for the time being until the dispute is settled in writing. The 1/2" Iron Rod No.148 was set in 1991 and isn't in conflict with the land my client has an interest in. The gap that the 1991 surveyor left will probably also get resolved in the settlement.
Tomorrow's field work is the same deal, extending the original line to reach the actual right-of-way and ignoring another 3/8" Iron Rod that probably was the result of a quickie-dickie survey made in the 1980's that created a conflict where none previously existed.
Oh, the rusty steel beer can under the stone? It's still there, church key marks and everything.
But, but, but, but, but.....there's a perfectly good fence corner clearly marking the true corner.:'(
> But, but, but, but, but.....there's a perfectly good fence corner clearly marking the true corner.
The fence corner will most likely stay as bait for future surveyors in a hurry. :>
I'm curious, what was "wrong" with the 3/8" IR? It looks like your corner was a foot or so away.
> I'm curious, what was "wrong" with the 3/8" IR? It looks like your corner was a foot or so away.
No, the 3/8" Iron Rod was 0.50 ft. from the corner. It was encroaching onto land previously sold to the State of Texas by about 0.4 ft., so could not be correct.
The cedar stake defined a boundary created out of common ownership in 1949 and the 3/8" Iron Rod missed that boundary marked by the cedar stake as well.
So, the true corner was determined by projecting the line through the cedar stake to intersect the Souht line of the land sold to the State of Texas. The 3/8" Iron Rod was just some failed attempt to locate that corner in the middle 1980's.
It's OK to pincushion if your opinion is THE TRUTH.
Dave
How the Hell could anyone have missed the cedar stake? Especially if it's been there since 49. Surely there was a deed with a reference to the stake.
Ceder stake looks suspect to me . Some people call it a stake some call it just a stick that was stuck in the rocks last week. From the dirt markings on the stake appears the stake was found diagonal laying almost down .
So what is the basis for the cedar stake being on line but not the original corner? If it is a distance from the right of way, I would question if the right of way that you established is the same that was used in 1949. My first thought was that you had help grow a pin farm; however, it is apparent that you believe you set the pin at the original location. Not saying you didn't, just asking. Does Texas have laws about removing property corners?
I love this -- the photo and the synopsis could almost be from here in Maine.
> So what is the basis for the cedar stake being on line but not the original corner? If it is a distance from the right of way, I would question if the right of way that you established is the same that was used in 1949.
There isn't any question as to the location of the right-of-way owned by the State of Texas. It's well marked by 1940-vintage concrete right-of-way markers that fit the calls of the 1940 deed to the State. The 1949 surveyor was nowhere close to a meticulous surveyor, so he probably just pulled 50 ft. off the center of the highway pavement.
> How the Hell could anyone have missed the cedar stake?
I'd say that probably 95% or more of the folks who get sent out to make quickie-dickie surveys would not have recognized the cedar stake or taken the time to clean the sixty years of tree litter off it and the rock mound around it. I consider it to be good practice to replace cedar stakes with rod and cap monuments (with the cap stamped "FD CEDAR STK" or something similar).
> Surely there was a deed with a reference to the stake.
Yes, it was mentioned in the public records, but it would have required doing more research than a cheap-price quickie-dickie survey would have time for.
> Ceder stake looks suspect to me . Some people call it a stake some call it just a stick that was stuck in the rocks last week. From the dirt markings on the stake appears the stake was found diagonal laying almost down .
The stake was laid over a bit, but looks as much like a cedar stake as it gets, a 2" x 24" length of heart cedar. I straightened it up to carry on with its existence. The weathering pattern on the stake and rocks is the result of having spent its life in a growing pile of tree litter.
> It's OK to pincushion if your opinion is THE TRUTH.
Actually, the matter of evidence figures into things. 🙂
I'm thinking you should've held the beer can as the corner. Did you check it with your cloth tape? 😉
> I'm thinking you should've held the beer can as the corner.
I actually like that beer can. It's another one of the bits of evidence that the rock mound was built in 1949 rather than 1882.
What does the original deed reference (if anything) for the corner?
> > I'm thinking you should've held the beer can as the corner.
>
> I actually like that beer can. It's another one of the bits of evidence that the rock mound was built in 1949 rather than 1882.
Well Kent, don't you think it'd be appropriate to memorialize it in kind for 2014 with your current selection of beer can? 😛
It's just hard to take an unmarked 3/8" rebar seriously.
So you used that as line instead of the rebar you found that was lined up with the pile of rocks . I think that's using your imagination a bit , just saying . To put it .4' away and only reference a cedar stick as the reason . I say pushing it a bit .
