Discovered a deed this morning for a tiny tract that appears to have sort of been surveyed about 1900. Elm Creek traverses the quarter section in which I am working. Fortunately, I don't think this deed is within my area of concern. It read something like this: Beginning at an elm tree at what is assumed to be the middle of Elm Creek; thence 84 feet to a hickory tree; thence 19 feet to a hedge tree; thence southerly 26 feet to the creek bank; thence 528 feet to an elm tree; thence westerly to the middle of Elm Creek and the point of beginning; containing 7/10 acre, more or less.
First of all, there is no part of Elm Creek in that vicinity where an elm tree or any other variety of tree could survive in the center of the creek channel. Distances are nice, but directions would be quite helpful. When we went southerly 26 feet to the creek bank, was that the north bank or the south bank? Must have been a recent transplant from New England or somewhere that came up with that description. At least there was no reference to "thence to where the sheep died last Friday".
Actually, it sounds like a Georgia, Tennessee or another southern colonial state..
Feliz Navidad
Well cow, if you can't handle it I'll be happy to step in and lend a hand. 30+ years in the colonial world and a cfed certification must be worth something.
First and foremost, don't over think the situation. Most of these "first" surveyors weren't surveyors, just average Joe's trying to sell some property, most often without fraud in their heart.
Welcome to my world!
Real surveying at its best! 🙂
Would you like an example of a worse one? We have an overabundance... I just happen to have one on my desktop:
Commencing at the NW corner at an old road, thence South 40 East by Rebecca B. Doane to the swamp, thence by the swamp to Chas. H. Taylor, thence N 43 W by Taylor to the Old Road, thence 13 rods by the Old Road to the point of beginning containing 2 acres more or less.
Research the two deeds to the south and realize that the old road is actually an old road east of the main road. It shows up on the 1938 aerials and you can just make out the remnants of the road today. The title between the main road and the old road was lost long ago, but the Land Court was able to register it to the owner to the south. Access to the 2 acres becomes a bit trickier.
The bonus on that one? Originally owned by someone unfortunately named Hepsabeth. A bit better than Aruna (which I was almost named).
Merry Christmas! May you find Elms growing in the middle rivers...
This is petty much every deed I get if I go into the chain of title. "Find the original monument they say"...sure.
As long as you don't get "as far as a sober man can throw an empty whiskey bottle".
