Original operative deed (1881) says at right angles

January 13, 2010
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Posted By Philip Reed on 1/12/2010 at 5:34 PM

Right Angles

I have been asked to survey this parcel. There was a survey done about 11 years ago and this is it. Under Maine Law a right angle is 90 degrees. The original operative deed called for right angles off the road. This surveyor held the right angles and ignored the existing non-original monumentation and possession lines.

The buildings that are over the line have been there for about 65 years. It is pretty clear to me that the monumentation depicted, that the surveyor didn't hold, represents where the owners thought their lines were 65 years ago and where the original lines probably are.

What probative value would you place on the location of the buildings in arguing that the term "Right Angle" was used only in the general sense? The descriptions of the various lots are not based on a survey. The abutter on the left of Lot A thought her line ran from the pin at the road to the broken concrete monument, but upon learning about the "right Angle" Law Court definition isn't so sure now. :)

Granted there may be some unwritten rights here, but I am thinking in terms of arguing the location of the original line? In any case, I will be recommending a boundary line agreement.

To read the rest of this thread go to www.i-boards.com/bnp/pob/messages.asp?MsgID=1518438&ThreadID=143208&IsResponse=False#1518438.

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