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Dave Karoly
5,000+ posts Member
Joined: 8 years ago
Posts: 9776
April 15, 2018 8:49 pm  

It is a basic canon of construction that ordinary words are given their ordinary meaning while technical words are given their technical meaning unless the facts and circumstances signify a different intention.

While we are on the subject of hard work, I just wanted to tell you that I am a man who likes hard work.
I was born working and I worked my way up by hard work.
I ain't ever got no where, but I got there by hard work.
Work of the hardest kind.
I been down and I been out
I been disgusted I been busted and I couldn't be trusted.
-Talking Hard Work, Woody Guthrie

eapls2708 liked
100+ posts Member
Joined: 9 months ago
Posts: 197
April 16, 2018 6:52 am  
Posted by: billvhill

I am currently working on a 4 acre tract described as the E1/2S1/2S1/2SE1/4NE1/4 (330×660 a parcel adjacent to the 1/4 corner of the section) less the west 1 acre. The distance from the 1/4 corner to the NE corner of the section is 2656. The tracts as occupied to the north all seem to have 330 feet from north to south leaving the 16 feet on the last parcel and proportioning would move all these occupied tracts and an existing driveway to a tract to the west. It looks like the 1/4 corner was set at a fence line and cl of a road intersection. This fence then heads west at approximately N88W in which there is an existing driveway along the north side of the fence line and an easement which is described as being along the south boundary of the 4 acre tract (E-W center of section line) to the excepted 1 acre tract. There is also a ditch along the south side of this fence. A subdivision directly to the  south leaves the gap between the center of section and fence and makes no attempt to claim the occupied area. It makes no sense to me to cross this fence line to the center of section line.

I am planning to leave the extra 16 feet on the 4 acre tract and hold the fence line on the south. I can probably note this on the plat but I am having problems with the title since I am not using the center of section as the south boundary. I thought of using the  E1/2S1/2S1/2SE1/4NE1/4 as occupied but the fenced west boundary is 30 feet off because whoever marked the 1 acre tract measured 660 feet from the row fence on the road and not the centerline (section line). Maybe part of the E1/2S1/2S1/2SE1/4NE1/4.

Any Ideas 

I hope this makes sense


Is it bad, sad, or just the way it is when I read this and start drafting it up in my head????????

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