If?ÿ"where it is fenced. " is the intent of the conveyance the fence is the monument regardless of how many inflections are present on the plat or how many other monuments are placed or how far off a monument line the fence departs.?ÿ What parts or pieces of the fence is the boundary is irrelevant. The entire fence with all its parts and pieces is the boundary.?ÿ It is the surveyor's duty to make the intent clear not necessarily by the number of irons set but by the language used in the description and on the plat.?ÿ
Places not on an exterior boundary, I have the client place the mark and then I put in the real one and shoot it.?ÿ If that's not possible, I locate the fence and have them put marks on the paper where they want them.?ÿ It's all about carrying out the intentions of the parties, basically writing a contract for them. We do some of our contract language writing on the ground.
Why wouldn't you measure to the center of each post, call the post as the monument and the description will be "along a fence".
If a monument must be set, you can put a mag nail/washer in the top of the post.
The description will follow the fence, no matter the deviation based on the physical monument being the fence. This would be the intent based on my experience here in Texas.
What does the law say? Those who tell thier clients to fence '6 inches in so you own the fence' and other (usually unfounded) advice can find themselves in a sticky whicket real quick. These actions often result in transferring property to the neighbors.?ÿ
The general rule is a call to an object is to the center of the object. Of course your law and circumstances may vary. If you can't answer that question for states you are licensed in (using a legal foundation) you need to study up...
My .02,?ÿ Tom
Why wouldn't you measure to the center of each post, call the post as the monument and the description will be "along a fence".
?ÿ
Unlike Texas, many jurisdictions require divisions to be done by survey, not by a metes and bounds description. Using the words,?ÿ "along a fence", works great in the short term, but is an invitation?ÿ for a future conflict unless a survey is permanently attached and referred to by the description. One of the hardest parts of my career has been helping land owners and managers understand that the situation will not always be the same,?ÿ that things will?ÿ change in 20, 50 or 150 years, and that knowingly ignoring issues that will adversely effect the future is not the right thing to do.
You are right, the intent is to follow the existing fence, but it is probably not to allow intentional or unintentional ambulatory movements based on fence repairs, or rebuilding. That's not something landowners usually consider until they suspect they are losing land.?ÿ
Someone comes along and destroys all evidence of the fence, ?ÿNow, where is the property line? ?ÿCaterpillars are very good at this.
Whenever possible on a new split I do my best to encourage the divider to get away from the ratty old tree-infested and crooked as a cow's hind leg mess of broken wire and rotted posts that once upon a time might have done the intended job. ?ÿCreate a new line where a new fence can be built. ?ÿLet the tree-hugging coon hunter keep the crappy vegetation and let the side in need of a proper fence have one without a fight.
Your surveyed locations of the fence line is evidence.
Your surveyed locations of the fence line is evidence.
The problem is that in many areas the local practices mean your survey is likely to be unavailable.
Oops. ?ÿSorry.
?ÿRaccoon hunters tend to drop the first three letters when referring to what they hunt with gusto.
Now, I'm a potty mouth. ?ÿUnintentional, I swear.
Yeah, after the yellow machines are sent in, not much is left.
Mostly nobody wants to pay the surveyor to replace anything.
They usually build it where it is the easiest.
Whatever the client wants, it's their decision. Be overly clear communicating with them. Call for the fence in the legal. If you're running a couple tenths inside the fence, say so. If it's not perfectly straight you might describe as being running down the average line of the fence?ÿ
If the client is cutting something up it's thier choice. It would be professional to educate them. If you are retracing a boundary it is a function of the evidence and law.
