Easy Survey Turns Very Very Ugly
Client has what should be a fairly simple survey. About 10 years ago the state DOT purchases land out of the middle of his property for a new highway. Roughly 4.5 acres is isolated from the remainder of his land. This five-sided parcel adjoins the west line of the quarter, a line 16 feet north of and parallel with the south line of the quarter and the new highway purchase area.
We go to the center of section and find the bar, as well as a bar 16 feet north marking the property corner. To our amazement, we then find bars at the other remainder tract corners. Of course, we also find and tie in the east quarter corner and north quarter corner.
The bearing on the south line of the quarter section does not agree with record. The relative distances between all found bars agrees with highway tract descriptions, but the tract appears to have been rotated such that the southeast corner misses the south line of the quarter section by 27 feet instead of the 16 feet that it should be.
MUCH GNASHING OF TEETH AND HAIRPULLING BEGINS!
We finally found the answer to the problem today. The surveyors for the highway tracts had accidentally used the property corner 16 feet north of the center corner as being the center corner. This error means that at least seven descriptions in the east half of the section alone were based on the wrong monument. Probably several more in the west half are wrong also.
Many years ago, the grandfather of my client started dividing up his land which was in both the northeast and southeast quarters. He had a good reason, at the time, to include the south 16 feet of the northeast quarter with a tract in the southeast quarter. Several small parcels were separated and described relative to that quarter section line, which was 16 feet south of the property line.