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).
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.
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
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.
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.
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.
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.
Richard Schaut, JB Stahl and Ridge
December 8, 2008