Intent of the Deed

Posted By J. Penry on 3/5/2009 at 5:21 PM

The deed simply reads:

"One Acre in the NE Corner of the E 1/2 of the NW 1/4."

The purpose was for a cemetery. There is a road along the north line of the section with a 66' statutory easement that was never deeded. (33' each side of section line).

In this area the deeds of this type almost always go to the section line unless otherwise noted. The cemetery was never surveyed, but a fence was built (unknown date) around the cemetery which closely matches 209' south from the 33' right-of-way and not the section line.

Is the cemetery encroaching 33' on its south side based upon the deed? How would you survey this?

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