Can anyone offer any insight on this?
I am building a fence around 5 acres that I own. This is all basically farm land with no trees or other obstructions. The 5 acres is bounded by public roads on the south and east, and 7 acres that I own on the west. The only place it borders anyone else is on the north.
The legal description from the deed is as follows:
A tract of land out of the South 1/2 of Section 14, Block A-K, being more particularly described as follows:
BEGINNING at a railroad spike, set for the Southeast corner of Section 14, Block A-K, the Southeast and beginning corner of this tract;
THENCE North 0?ø 01′ 20″ West, along the center of a paved county road and the East line of Section 14, Block A-K, 376.00 feet to a railroad spike set for the Northeast corner of this tract;
THENCE West, at 60.00 feet pass a 1/2″ iron rod, set in the West line of said paved county road, continuing for a total distance of 580.00 feet to a 1/2″ iron rod set for the Northwest corner of this tract;
THENCE South 0?ø 01′ 20″ East, at 326.00 feet pass a 1/2″ iron rod in the North line of a paved county road, continuing for a total distance of 376.00 feet to a railroad spike set in the center of a paved county road and the South line of Section 14, Block A-K, for the Southwest corner of this tract;
THENCE East, along the center of said county road and the South line of Section 14, Block A-K, 580.00 feet to the place of beginning.
I am not a RPLS but I work with RTK on a daily basis. I spent an afternoon investigating this and I found all three railroad spikes in the road, as well as the three 1/2″ iron rods. I took shots with my R10 on these six items. I have no doubt that they are the correct and only markers present. The landowner who owns the land to the north pounded t posts beside the iron rods on the northern boundary when it was originally surveyed and the rods were right next to the t posts. The railroad spikes are right in the middle of the roads.
The landowner to the north and I both agree the boundary between our properties is where the t posts are and have accepted it as such for the 11 years I have lived here. No disputes of any kind.
I am building a pipe fence with 8′ spacing on the posts. My plans were to build a stakeout file for the fence posts and mark and dig all the post holes using RTK. We will then use a wire stretched between the corners to set the posts in concrete.
Anyway what is confusing me is the bearings and distances are not jiving with the deed.
For example
BEGINNING at a railroad spike, set for the Southeast corner of Section 14, Block A-K, the Southeast and beginning corner of this tract;
THENCE North 0?ø 01′ 20″ West, along the center of a paved county road and the East line of Section 14, Block A-K, 376.00 feet to a railroad spike set for the Northeast corner of this tract;
Actually measures 372.564′ and N 2.3194 E
THENCE West, at 60.00 feet pass a 1/2″ iron rod, set in the West line of said paved county road, continuing for a total distance of 580.00 feet to a 1/2″ iron rod set for the Northwest corner of this tract;
The 60′ iron rod is at 59.939′ and the NW iron rod is at 579.259′ at N 88.1651 W
THENCE South 0?ø 01′ 20″ East, at 326.00 feet pass a 1/2″ iron rod in the North line of a paved county road, continuing for a total distance of 376.00 feet to a railroad spike set in the center of a paved county road and the South line of Section 14, Block A-K, for the Southwest corner of this tract;
The 1/2″ rod is at 325.535′ and S 1.8564 W. The railroad spike is at 375.754′
THENCE East, along the center of said county road and the South line of Section 14, Block A-K, 580.00 feet to the place of beginning.
This distance is 576.608′ and S 88.4834 E
I normally do oilfield related work and everything I check out when provided control or existing coordinates is usually within a few tenths. To me these discrepancies are huge. Is this type of thing normal? This tract was probably originally surveyed back in the 80s. I know the “right” answer is to hire a surveyor to perform a survey but my problem is I have next week off work and help lined up to build this fence. Called two local surveyors today and neither can do anything until September. I thoroughly checked around these markers with a schonstedt and there are no other markers. Three sides of the property are either bordering roads or property I own so I am not too worried about them. The only one that makes me a little nervous is the north side but as mentioned the landowner to the north and I both have agreed these t posts (which are right next to the rods) mark the boundary and have for over ten years.
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