Say you have a project that involves a tract in the northeast corner of the southeast quarter of a section. You have records on the southeast corner, east quarter corner and west quarter corner. But, you don't have a record of anything at the center corner. Do you connect a line from the east quarter corner to the west quarter corner and label it as being the same line as the north line of the southeast quarter?
It depends. I would say you should have a look at the C1/4. Unless... where's my pat answer... depends!
Yes.
Holy Cow, post: 356223, member: 50 wrote: Say you have a project that involves a tract in the northeast corner of the southeast quarter of a section. You have records on the southeast corner, east quarter corner and west quarter corner. But, you don't have a record of anything at the center corner. Do you connect a line from the east quarter corner to the west quarter corner and label it as being the same line as the north line of the southeast quarter?
Not without looking for evidence of previous establishment of the line.
thebionicman, post: 356230, member: 8136 wrote: Not without looking for evidence of previous establishment of the line.
Bingo. The big question is has the line ever been run on the ground? And to me, the "running" of the line doesn't necessarily mean measured and calculated by a licensed professional land surveyor. In my mind, any past attempt to establish a corner at the location could be understood to be "a survey" as long as the established location had been relied upon by others.
As Mr. Stahl pointed out a few days ago; there's a big difference in retracing a line and establishing a line.
Would it make a difference in answering if the dimension of the surveyed tract along that line was 1000 feet or 100 feet or 10 feet?
Yes, even if there is a corner that has been relied upon "at" the C 1/4 it probably doesnt mean anything for your client. The owners who have actual property corners at the C1/4 can agree on a corner location by there actions, but that does not move the 1/4 or effect the rights of an owner who played no part in the agrement to a distant corner. Of cource you should do a complete search for any signs of unrecorded surveys or occupation along YOUR clients North line.
Darn it, it my memory is slipping. What term did the master use when referring to the Karate Kid when he wanted to expand his knowledge?
Holy Cow, post: 356258, member: 50 wrote: Would it make a difference in answering if the dimension of the surveyed tract along that line was 1000 feet or 100 feet or 10 feet?
Correct is an identity, not a distance. My personal threshold is demonstrated departure from sound practice. The math is the last part of the exercise...
The fact that a quick search of the normal files of survey data for a specific area comes up dry in no way means the lines have not been run by a licensed surveyor at some time. This would be incredibly reasonable in a non-recording state and in any state with a specific date of becoming a recording state. Many of the monuments I find at center corners are from the 1870's to about 1900. They will NEVER be at a perfect intersection-intersection based on monuments found today for the quarter corners.