Deed interpretation-can we get one thing straight?

[Dave Karoly, PLS]

A Deed should be interpreted in light of the circumstances at the time the Deed was written. If a Deed ties to a land corner, the question of fact is, "what object (monument) may have existed and been used as that land corner?" Surveyors being stubborn technocrats often blow it on this point.

For example, consider the case of a 1/16th corner first monumented in 1894. A Deed Description begins at a point 400' east of the northwest corner of the southeast quarter of the southeast quarter (in other words, the SE 1/16th corner). Thence west 400', thence south 300' to the county road, etc. No one disputes that the P.O.B. is on the 1/16th line (which is just common sense, these things were probably written by lay people or attorneys). The description goes back to at least 1953 (and probably decades before that). The 1/16th post is still there.

So along comes Mr. Technocrat in 1979 and sets a dimension point NW 80' shifting all the Deeds west 61' and north 61'. There is a fence 400' east of the old post. This is causing other chaos in the area with two 1/16th lines each way, YAY! The boundary lawsuit between private parties was resolved in favor of Mr. Technocrat's corner in 2010 mostly due to procedural reasons (the other side defaulted resulting in the Judge declaring the only expert opinion available correct).

Then you have a Deed in the northwest quarter of the southeast quarter which begins at a point east 3059' from the west quarter section corner, thence west 901', thence south 1320' etc. There is no doubt in my mind the south end of the 1320' course is the southeast 1/16th corner. Later deeds breaking up this parcel are more sophisticated, they actually call for the corner. The lawyers who wrote these descriptions knew a quarter section is exactly cardinal and 1320' x 1320' exactly.

Much foolishness and chaos comes from constantly changing the answer.

[Steve Martin]

Thanks for posting this Dave

I do not think a lot of people really understand the part about deeds should be interpreted in light of the circumstances under which the deed was written, and the facts on the ground.

Far too many look only at the deed and rotate the record geometry to convenient points these days

[Steve Martin]

Jeff Lucas's recent article puts it in a nutshell:

"A boundary surveyor is either an original surveyor setting out new boundary lines for the very first time, for a common grantor; or the surveyor is a retracing surveyor finding where the lines have already become established on the ground."

http://www.pobonline.com/articles/97601 ... t-it-right

[dmi]

I wish that phrase would catch on FINDING WHERE THE LINES HAVE ALREADY BEEN ESTABLISHED.....