How boundaries are created January 26, 2015

Role of the Surveyor A boundary is a closed geometric figure. This allows an entity to claim rights within this boundary. Monuments are frequently used to identify the corners as evidence of the boundary. Once a surveyor has created a boundary, it remains in perpetuity (changes may be made in the future). This boundary separates the rights to be claimed by two entities. Once created, another surveyor attempts to reconstruct the intent and location of the boundaries. The later surveyor, after consideration, gives his/her OPINION of the location of the boundaries. In the USA, only courts have the authority to determine specifically the location of retraced boundary lines.

Boundaries created by Points-Corners Corners- Monuments Do not have to be monumented Identified with clarity Monuments Artificial Natural

Boundary Lines Connects Points Line is controlling if evidence exists Created by Action Words Law Statute Common

Priority of Calls Lines by creating surveyor Calls for Monuments Corners established Monuments set Lines marked Calls for Monuments Natural Artifical-referenced in description Calls for adjoining parcels Senior in title Calls for Courses Calls for Area

Boundaries A Landowner may divide a parcel of land in any manner not inconsistent with the law. Once created and property rights transferred no alterations are permitted

Original vs Retracement Survey A modern survey can be no more precise than the original measurements

Case Law Kerr v. Fee-To Survey land means to ascertain the corners, boundaries and divisions, with distances and directions, and not necessarily to compute areas in the defined boundaries. Rivers v. Lozaeu-The definition of a legally sufficient real property description is one that can be located on the ground by a surveyor In a retracement survey…his sole duty, function and power is to locate on the ground the boundaries corners and boundary lines established by the original survey.

What is in a description? Caption-general locality, references, plats etc. Body of the description Limiting clauses (qualifiers) Qualifying Clauses-take something away (affirmative easement) Augmenting Clauses-add something (e.g. Appurtenant Easement)

What is in a description? At a minimum, identify corners, Monuments Adjoiners Bearing distances

Description Measurements The unit of measurement indicated in the description is the unit of measurement used at the time of the survey or when the description was written and should be the reference from which the surveyor should refer. Modern distances are horizontal. Early measurements assumed to be along the slope

Bearing Declination in effect at time the description was written.

Example Leonard, Rutland county, Vermont 1885 Beginning at a stake and stones about forty feet from the center of the brook that runs across the road South westerly from the dwelling house of the late Arnold Leonard deceased now occupied by the widow Phrelove Leonard and in the west line of the highway leading by the dwelling house now occupied by the widow Phrelove Leonard. Thence Westerly three rods to a stake and stones. Thence northerly five rods to a stake and stones. Thence Easterly three rods to the west line of the highway. Thence Southerly to the place of beginning containing fifteen rods of ground be the same more or less.

GLO Survey

Homework Write a metes and bounds property description