I have a deed for a 203' square lot on the S. side of highway.?ÿ POB is described as being in centerline highway 20' E. of centerline of pipeline crossing, being also the SE corner of Jones (on N side of highway), which I surveyed 5 years ago.?ÿ ?ÿJones' description was ambiguous, but description for Jones' E adjoiner has POB at Jones' SE corner, beeing?ÿ?ÿAT?ÿcenterline of pipeline crossing.
To survey the 203' square, would you hold the centerline of pipeline, or 20' E of?ÿcenterline of pipeline??ÿ ?ÿBoth parcels out of common Grantor, 10 years apart.
Edit: Occupation evidence insufficient to sway me either way
Are there any calls to control or adjoining lands within the descriptions themselves?
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Who came out first? If you are Sr. to Jones, the POB call is in question imo.
Me personally, if it were possible, I would have my searcher get the mother tract deed, plot that based on the POB contained therein and then have the searcher grantor that owner.?ÿ See who came out first, plot them in and see where you are.
'To survey the 203' square, would you hold the centerline of pipeline, or 20' E of?ÿcenterline of pipeline? '
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It's maybe two separate coveyances calling for a centerline intersect. Did one or the other M&B descriptions overlook an easement vs. a ROW in fee? Is the balance of the evidence of intent verifiable in the East adjoiner ?
Also a couple pipeline markers don't always nail down an exact pipeline location. If this might have been the case here.
Are you sure the pipe line is original and not replaced after the deed was written?
How does it look if you plot the tract holding the adjoining tracts south of the road? I would see how it fit with the adjoining tracts then compare it to the Pipeline crossing. I would hold corners over a centerline of a pipeline, unless they had coordinates for the pipeline.?ÿ
Don't forget the POB has the same weight as the other corners.?ÿ?ÿ
Presuming that you have satisfied yourself that there are not 2 different pipelines 20 feet apart...... and presuming that your current easterly adjoiner doesn't have a call that will shed some light.....
I'd go with the 20 foot east call in your current deed and reject the SE corner of Jones call as being the one that most likely expresses the intent of the original grantor. Note that if the current property and the Jones property were not separated by a highway I'd probably go the other way.?ÿ?ÿ
Thanks for the input.?ÿ Holding the 20' call.
Thanks for the input.?ÿ Holding the 20' call.
Good call; physical monument over record all things being equal.?ÿ But what to do now that you know where the 5 year old survey should really be?:)?ÿ
But what to do now that you know where the 5 year old survey should really be?:)?ÿ
Absolutely nothing.?ÿ In 5 more years it won't matter ;-).?ÿ ?ÿThere's a whole buttload of weirdness that went on with the folks involved with the older survey, and the location of Jones SE corner relative to the culvert don't matter a pinch of poop in the overall picture of that nightmare.....
I'd go with the 20 foot east call in your current deed and reject the SE corner of Jones call as being the one that most likely expresses the intent of the original grantor. Note that if the current property and the Jones property were not separated by a highway I'd probably go the other way.?ÿ?ÿ
After some thought, a little clarification (no, I'm not changing my mind) - the writers of your current deed could see the highway and, presumably, the pipe and knew where that 20' east point was. They did not really have any idea where the Jones corner was, on the ground.?ÿ So the 20 east call is the more definite. Hold that.?ÿ
That doesn't affect in any way where the Jones corner is. So there is nothing that changes on the survey from 5 yrs ago.
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