Did you set monuments?
35 Rods 9 1/2 ft. record measured as 577.5 ft.
What happens when they sell?
They have chain of title. It describes WHAT - a parcel of about that size about there.
The monuments determine WHERE that parcel's limits are.
Shouldn't require any deed reformation.
What happens when they sell?
> Yes, they own the land they occupy in fact, but they do not own it by chain of title yet, it seems. Can one sell something that they OWN but do not have title to?
Apparently, there is no question of title, only a question the location of said title. There was no question of the location of title until a surveyor measured 9.5' different than a previous surveyor measured.
Did the current surveyor measure that distance using the same procedures that the previous surveyor used? Of course not. There are going to be differences in the measurements.
There is no error in the original measurements, only in the current measurements.
Did you set monuments?
> 35 Rods 9 1/2 ft. record measured as 577.5 ft.
So in the end, you picked the closest round rod that fit the fence the closest?
Did you then honor the fence as you went around, or did you apply the proration to each course?
What happens when they sell?
> > Yes, they own the land they occupy in fact, but they do not own it by chain of title yet, it seems. Can one sell something that they OWN but do not have title to?
>
> Apparently, there is no question of title, only a question the location of said title. There was no question of the location of title until a surveyor measured 9.5' different than a previous surveyor measured.
>
There is now a question of location of title, since the differing distances are on the ROS. How could the owner sign a deed with the old description and not be committing fraud?
> Did the current surveyor measure that distance using the same procedures that the previous surveyor used? Of course not. There are going to be differences in the measurements.
>
> There is no error in the original measurements, only in the current measurements.
According to the original story there were no original monuments, only a fence built by an unknown person at an unknown time for an unknown purpose. Acquiescense conveys title in fact when it matures, but conveyance in law is the function of a court right? Or is it a function of a surveyor and a ROS?
I hope my questions dont annoy you too much, but they are honest.
What happens when they sell?
> There is now a question of location of title, since the differing distances are on the ROS. How could the owner sign a deed with the old description and not be committing fraud?
>
Question of location of title? Huh??? The location of boundary was determined by the surveyor according to the evidence. See if you can find a few court cases addressing the difference between "what is a boundary" and "where is the boundary". Email me if you can't find any & I'll send some to you.
> According to the original story there were no original monuments, only a fence built by an unknown person at an unknown time for an unknown purpose. Acquiescense conveys title in fact when it matures, but conveyance in law is the function of a court right? Or is it a function of a surveyor and a ROS?
>
> I hope my questions dont annoy you too much, but they are honest.
No original monuments? That depends on how you define "monument". If you define it as "any object occupying the position of the corner", then it appears that "monuments" were found at the corners. Remember, an iron pipe or rebar, etc, are not the only monuments allowable by law to occupy and identify a corner.
I'v seen a lot of old fences in my few years here on earth, and I've yet to find an old one with a sign on it saying, "Built by _________, on this __ day of ______, in the year of our Lord 18__, following a legal survey performed by ______________. I hereby state for all following mathematicians (surveyors) that I replaced the yellow pine 2x2x24 inch original stakes with the cedar corner fence posts that I have herein set today." If any one has a picture of such a sign, please post it for all to see.
What happens when they sell?
Acquiescence does not convey title. The laws about that have been posted so many times on these boards, not need to bother doing it again. Yeah, and a court can't convey title either.
What happens when they sell?
I hope my questions dont annoy you too much, but they are honest.
Honest question never annoy me. Arrogant replies do and I don't perceive that from you. I posted this to get various opinions and I respect yours.
As others have posted my opinion is that my survey locates where the boundary of the stated title is and always has been located. The ROS does in fact show the record distance along with the measured distance to indicate they are one and the same. In my opinion this supports the title as it reads and chain of title is preserved. My opinion also is that my survey retraces best evidence of the original survey. Acqueiscence does not apply here.
Ditto that one. "Measured as, Recorded as on the survey." It's much too late for a correction deed (I doubt the original parties are present) and re-writing the description is a reformation (which requires strict compliance with the original intent). A recorded affidavit from the current surrounding owner recognizing the boundaries as surveyed and fenced would help to perpetuate the evidence.
I'd still second-quess the section corner location. Could it be that the current monument is an old replacement of an even older location which conformed with the deed?
JBS
Could it be that the current monument is an old replacement of an even older location which conformed with the deed?
Sure it could but excavation did not turn any other evidence up and all other occupation and 3 other ROS's used the current monument. Decided it might be better to let the current monument control for the sake of existing occupation. What do they call that, practical location?
