So where should the survey monuments go
The deed, as recorded, says something like: Beginning at the southeast corner of the north half of the northwest quarter of section 11; thence west 497 feet; thence north 231 feet; thence east 497 feet to the east line of said north half of the northwest quarter; thence south to the point of beginning.
The client, who retained that tract from the sale of the remainder of the north half/northwest quarter, reports how that description came about. Measurements were made along existing fences and their projection to the middle of the county road by the purchaser of the remainder. Now, he wants to split that small acreage into two tracts.
You discover the following: A) the apparent distance along the reported east line is only 217 feet, not 231 feet; B) the apparent distance along the reported south line is 502 feet, not 497 feet; C) the apparent distance along the reported west line is 235 feet, not 231 feet, but the distance from corner post to corner post is the stated 231 feet; and D) the apparent distance along the reported north line 495 feet, not 497 feet, but the distance from the northwest corner post to the visible center line of the county road surface is 497 feet.
It appears that what really happened is that those who did the measuring did so from the visible center of the county road along the north fence to the northwest corner post and, then, from there to the southwest corner post and decided they had all the information needed to write the description for the small acreage to be retained.
Do you set monuments based on what the deed says?
Do you set monuments to conform to the fence alignments on the west and north either extended or shortened to the controlling outer boundaries of the true aliquot part?
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