By Donald A. Wilson
The survey and the transference are the distinct and operative acts within the transmission of genuine estate and, the place they range from one another, one needs to of necessity regulate the opposite. This publication addresses the aforementioned suggestions by means of exterior reasons so as to comprehend the discrepancies among them. It additionally is helping to prevent dear and wasteful litigation over limitations that have been formerly now not in clash. The textual content bargains an intensive assessment of the legislation for boundary retracement and cites a number of case examples.
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Extra info for Boundary retracement : processes and procedures
Fuchs* stated, “In cases deciding the boundary between two parcels of land, the law is settled that it is the duty of the surveyors to follow the original survey lines under which the property and neighboring properties are held notwithstanding inaccuracies or mistakes in the original survey. ” A few years prior, the court decided the case of Wildeboer v. Hack,† which action involved a boundary dispute. “The plaintiff was the owner of lot 3 and the West half of lot 4 of block 10 of Lauderdale Harbors, Section A.
The owner of a parcel of land, being the grantee under a patent or deed, or devisee under a will or the heir of a prior owner, has no authority or power to establish the boundaries of the land he owns; he has only the power to establish the division or boundary line between parcels when he owns the land on both sides of the boundary line he is establishing. In short, an original surveyor can establish an original boundary line only for an owner who owns the land on both sides of the line that is being established and that line becomes an authentic original line only when the owner makes a conveyance based on a description of the surveyed line and has good legal title to the land described in his conveyance.
In this case appellants claim to a lot boundary line that is correct according to the apparent intention of the original surveyor and appellees claim to a lot boundary line that is consistent with lot lines established by the original surveyor on the ground and occupied by owners. Thus, a classic boundary line question is presented. Technically the question is: Where an original surveyor subdivides and lays out boundaries of parcels in a tract of land which has theretofore existed as a single unit and runs lines and places monuments establishing the location of the subdivided parcels or plots or lots on the ground and the surveyor draws a plat of survey or written map of his work which is recorded and subsequently one or more parcels are conveyed by deed describing the parcels according to such plat of survey and some parcels are sold according to the plat but purchasers take actual possession according to the survey as monumented on the ground and there is a discrepancy and conflict between the location of parcels as located by the original survey on the ground and as they are shown to be located according to the recorded plat, is the correct legal location of a particular parcel as it was actually originally located and possession taken on the ground or is it as can now be located by following only the intent revealed by the recorded plat?