How many of you guys use these words describing old lines where you don't have the original corners but it is the approximate, record, monumented, accepted, occupied or ostensible line.
For example your deed calls to go along east line of Section 8 in a metes and bounds description. However the section corners are not original but they fit with the metes and bounds description and your not going to screw with the boundary because that's all there is. How do you describe that course along Section 8?
I know that a description in a metes and bounds state like TX or NC will be different than a public land state. I am trying to compare different description styles.
"Best Available Evidence" is better, in my opinion.
I've seen "apparent" used but I don't really know what that means.
...thence (insert bearing & distance here) to a 2" iron pipe found at the corner of common report for the northeast corner of section x....
Although not necessarily the original monumentation, most corners found in these parts have been relied upon for subsequent conveyances. If rejected, it would cause property wars where there had previously been peace & harmony.
Here in PA, you don't need to have the original corners to call it out, so I might not be the best judge, but I agree with you.
It's hard to go wrong stating simply and concisely what you found and how you found it. If it matches exceptionally well, you could add "thence along the original bearing and distance of..."
Walt Robillard told me to never use the word "apparent". He said "possible" was okay.
I have never seen the work "ostensible" in a deed.
"....seeming or said to be true or real but very possibly not true or real."
Why restrict APPROX to a deed, put it right on a monument!!
This was supposed to be such an easy job, just mark the line west from the center of secton, for our Forestry Dept. I went there with one of the foresters two weeks ago. We GPS'ed the West quarter corner and then went around to the center. As we're walking in and keeping our eyes open for THE monument, I hollered over to the forester that I found it. His reply, "Hey, I don't know what you're looking at but its over here". Yes, two monumented centers of section. About 135 feet apart. Damn, the project just got a lot bigger! I did have an old map (1952) that had a note: "Approx center. 5" x 5" wood post" so it looks like someone replaced the 5" x 5" post with a County monument. I suspect that person was also the same person who set the other monument which happens to be correct (after tying in to the other 3 quarter corners!).
