Posted By Kris Morgan on 12/6/2008 at 11:49 AM

Just recently, I was working on a survey (which I still haven't finished but can speak of the details).

127 acres that calls for concrete monuments at all corners and witness trees. Found all but the Southeast. A large timber owner owns on the South, East, part of North and part of West.

These lines are 5555.55 feet long East and West and about 1000' North and South.

Problem is, when the survey was done, that surveyor didn't recognize, along the North line, that that line wasn't straight. If fact, it had a 33' "bow" in it complete with painted lines (by the timber company and cornes with witness trees. It made a gap of 2.13 acres if you held my deed calls.

Along the South, at the Southwest corners, the corners are common, but as it went to the East, the marked line, protruded into my tract about 28 feet at the Southeast corner. I found the Pine Knot and collateral evidence to the timber companies corner even though I didn't find mine. This makes a 1.79 acre conflict.

So, armed with no idea what I should do about the conflicts (since the landowner wanted his lines marked) and the knowledge that the timber companies have owned, occupied, paid taxes, everything, to the painted lines and corners on the ground, I decided to call my client.

Normally, I'd like to call the adjoining landowner, but in this case, I already know the answer and they will maintain (with extremely deep pockets I might add) that thier lines are where their corners and marked lines go to, regardless of the deed calls or conflicts with overlaps or gaps.

So, I tell my client all of this and he asks what should I do. (Client has owned this property for about three months). I tell him that he can fight the timber company on the South to try to recover his 28 feet of land, and he will expend great amounts of money and in the end. They could always claim AP and have satisfied all of the requirements for at least 70 years. Then I proceed to tell him, that he has the right to agree to any line that he choses. This confuses him. So I explain that if he agrees to the South line, he gives up 1.79 acres of his deed, but if he agrees to the North then he picks up 2.13 acres. A net gain for my client with no conflicts.

He agrees to agree and I request this agreement in writing for my files. I'll mark the lines in accordance with this agreement and the timber company will have no reason to grip as we use their lines.

My question is for the "agree team", would you have unilaterally made the call as the land was lost on the South due to the fullfillment of the statutes (with no adjudication) and take in the land to the North or would you have done as I did and notify the client and asks what he wants to do?

Or, would you have done something completely different.

TIA
Kris