I'm looking at a recent plat for a rural parcel. The surveyor searched diligently for older surveys and stones, and finding none on one side of the parcel, ran a straight line between found monuments at the section corner and quarter corner.
I don't see why he didn't take the old fence corner a few feet from his 1/16 corner as the best evidence of an established boundary. But that's his decision, not mine. The state has a 10-year acquiescence statute, so it could be argued that the fence is the boundary and his new 1/16 corner is useful only for additional subdivision of the sections.
My questions are about what you would show on the plat:
1. He gives lengths along his section line to the parcel corners he established, but does not say on the plat where they come from - no record distance shown. They are, in fact, proportioned to the 1840's GLO distances (not a regular section). Would you have noted where the distances came from?
2. He calls a fence several feet inside the parcel from his section line an encroachment. The use of the term has been discussed in [msg=89035]another old thread[/msg], so we don't need to go into that. But there is a fence on another side of this parcel that falls outside the surveyed line by several feet (to my personal knowledge) that is not shown. Would you have shown it and noted for your client that this is a potential encroachment onto his neighbor?
1. The fact he does not reference the record distances is negligence that angers me to no end. It's unfortunate when surveyors fail to properly document their logic and only depict their final conclusions. How do you know the surveyor even performed the research to find the operative record distance without the reference? I would use the information, but would augment it with my own research and I would not have confidence unless I could put together a logical conclusion that was similar or the same.
2. How far apart are these two fences? Was this an old way between the properties? Did each party merely occupy to their respective fences leaving this as a no-man's land? Yes, both should be shown, but more importantly, how does the occupation work along this line?
2. As stated in the OP, the second fence is on a different side of the parcel.
ok, two fences built off a calculated line and sad was i that i had to choose one of them. though the use of the land appears to be unclear, parole evidence may be the next step here.