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I am working on a survey that has turned into a head scratcher.
I surveyed a 1000 acre+/- parcel. This will be referred to as the West Parcel. I published a survey on this property in December 2012. I am also working on a family division of the family property that is the east adjoiner to the West Parcel. The owners of the West parcel are also part of the family that owns the east parcel.
About three weeks after I publish my survey of the west parcel, I am given a copy of a survey of the east parcel. The deed for the west parcel described as a single parcel. The east parcel is a compilation of many different parcels acquired over many, many years. The title work on the east parcel is a nightmare.
The common line between these two parcels is the east line of the west parcel, and a west line of the east compilation of many different deeds. There is not a single deed that describes the east parcel.
The deed for the west parcel describes the east line as:" thence North along said property line 8,000 feet to a point in the chute". In the deed, the exhibit is a hand drawn sketch of the deed, and it shows the east line as a single, straight line.
The survey of the east parcel shows that same line having four different courses in it. In my original survey of the west parcel, I recovered a 3 inch iron pipe on the south end of the common line. I was shown a concrete monument in the treeline and it fit reasonably well, and held that for line on the common line, and projected that line northward to the chute.
After I was given a copy of the survey of the east parcel, I have made several trips to the field, and have since recovered one additional monument on the south bank of the chute, and that fits somewhat close to the geometry of the survey. I never would have know to look for that monument when I did the original survey. When I did recover that monument, it was lying horizontal, silted over, with a cross tie post set vertically as a witness. The cross tie post was overgrown with poison ivy, and was extremely difficult to recover. It took several hours of diligent searching. I cannot find any evidence of another break in the common line as shown on the survey.
Another kink in the puzzle is that the same surveyor surveyed both parcels, and shows conflicting lines.
I have discovered some more information that will require another trip to the courthouse for more research on the east parcel.
My main question is this. How do you, or how would you interpret the word "along"? I have been pouring over my Black's law dictionary, and my Boundary law books, but cannot find any reference yet. I am still researching.
I know someone is going to reply back rather quickly about contacting the original surveyor. I am not sure that the original surveyor is still alive, but if he is, he is probably retired. There is a myriad of reasons that make contact with that company a difficult situation. I would rather not go into that in a public forum.
Thank you in advance. I will probably, hopefully, be in the field tomorrow, weather permitting.
Do you have the book "Writing legal descriptions" by Gurdon Wattles? I would be he has something in there.
I would venture that "along" is going to mean however that line meanders.
"along said property line"
What was "said" before this? The east line of the west parcel, or the west line of the east parcel? I've seen it either way. In the first case it usually denotes a straight line, in the second it is a call along the adjoining parcel with any twists and turns along the way.
"thence along said property line" Means Those Lines Hold
The East boundary is along the West boundaries however they may roam.
You do not give dates on said deeds and surveys, very important to do so.
You have 3 points along that line for now, fit in the various East parcel calls and look again.
Maybe not the answer you want, but you will correct your West parcel description.
Unless you can prove otherwise, you must assume the prior surveyor was diligent.
Paul in PA
Here in WV, "along" something generally means to follow along something whose details have been left out. I often find "along the ridge" or "along the road" neither of which implies a straight line. In these cases, along a feature could be thousands of feet with many twists and turns. I would most likely interpret "along said property line" to mean along that other property line(s) that the original scrivener made no effort to detail.
"Along, when used in the description in a deed, means "by, on, or over," according to the subject matter and context."
From "A Selection of Massachusetts Laws Pertaining to Surveying and Real Property'" Donald A. Wilson RLS and MALSCE 1986
Was the original 1000 ac parcel owned by the “family”? Did they subsequently parcel off portions of the east? I would need a time line of the deeds before making a conclusion as to the line in question.
JMHO B-)
any way of determining which is the senior line?
What's a chute?
A "chute", in our area, is a generic term for an old oxbow lake, generally formed by old river runs. They are sometimes referred to as sloughs, oxbow lakes, etc. They are regularly affected by the river flooding, and continue to hold water when the flooding recedes. They are generally fairly shallow, many times being about 10 feet deep or less, but may be deeper.
Thence along said propery line means the property line was previously mentioned in the description, now if it had said along the east property line of the west parcel then the property would follow that line. The line could be meandering or not. Were this unrecorded surveys? I always pickup the deeds, plats ect. For all adjoiners when I do a survey but I have had neighbors pull out an unrecorded plat when I was already setting corners.
> My main question is this. How do you, or how would you interpret the word "along"? I have been pouring over my Black's law dictionary, and my Boundary law books, but cannot find any reference yet. I am still researching.
From the limited info provided, it would seem the answer to your question is that the intent was NOT to create gaps and overlaps. Please follow the footsteps and intent and do NOT create gaps and overlaps.
Also, along an 8000 foot line I would expect to find several, if not many angle points in the line and would be very suspicious of a "perfectly" straight line.
To me, "along" especially in this context would mean along the other line including all of that line's jigs and jogs or nuances. It would give seniority to the line it is referencing.
I agree with most of the interpretations above; it would cover any jogs or deflections along the course. Were I to find a parcel with a river on one side to which ownership extended to the thread, the phrase "thence North 8000 feet along the thread of the river" would follow the thread; I'd treat this in much the same way.
Wattles
Per Mr. Gurdon Wattles. Section 3.7 of Writing Legal Descriptions. Also know as the "Yellow Book"
"Along" is sometimes used in a collective sense to cover an aggregate total distance of several segments. In this use it generally carries a correlative statement such as "thence along the easterly lines of said land, northerly 654.6 feet to the northeasterly corner thereof." In this sense, it is not a desirable form for two reasons. First, you have no reference as to the segments and if it is a boundary, you
must know the facts; second, if any of the segments depend upon ties or monuments, physical or legal, then you do not have the control necessary to establish that line.
When "along the bank or shore" is used in reference to a specific line in a description in a deed, it may mean "by, on or over," according to the subject matter and context according to Corpus Juris 9. In Howard v. Ingersoll, 13 How. (U.S.) 381, 417, 14 L. ed. 189, it was held that one of the boundary lines defined as extending "along the bank" of a river and running non the bank" limited the conveyance to a line drawn on the bank and did not extend ad flum aquae to the center of the stream. Similarly, in another case, describing the boundary of a mill lot; thence southerly "along the shore" of said river, it was held that the word "along" as there used meant a boundary line drawn along the shore at low water mark and the grantees took no title to any part of the bed of the stream.
Contrariwise, in Walton v. Tifft, 14 Barb. (N.Y.), 2 16, it stated that where a grant of land is described as touching the water of the river and running thence along the river as it winds and turns (and being non-tidal) and the parties did not expressly except the river, one-half of the bed of the stream is included by construction of law. 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.
I'll add my own personal beliefs as I have time.
I remember Wattles giving a legal description seminar. The point of beginning was a section corner
at a corner fence post. He described by metes and bounds a series of courses, one of which was
a ROW of a street. In his description, he made no call for the ROW.
After the seminar, a young surveyor (about 25 years old), approached Wattles and said he enjoyed
the seminar but was disappointed about the absent call for the road ROW.
Wattles responded that the ROW was already a dedicated line by a subdivision map and there was
no need to call for it.
In land surveying, I think you can learn something every day.
I ordered Wattle's book, Writing Legal Descriptions, last night from Larry's website.
I am leaning very heavily towards honoring the surveyed line, but will have to do some more research to make certain.
Thanks for all of the comments and replies.
> I ordered Wattle's book, Writing Legal Descriptions, last night from Larry's website.
>
> I am leaning very heavily towards honoring the surveyed line, but will have to do some more research to make certain.
>
> Thanks for all of the comments and replies.
Good choice in my opinion. There is also a smaller book titled "Land Descriptions" by William Wattles. I find that one hard to read (for some reason). I think "Writing Legal Descriptions" reads very well and I often reference it when I forget about some of the subtle differences in writing descriptions.