The Closing Corner That Won't Close
A surveyor is retracing a section line in a township where the original 1856 GLO survey established the south boundary of Section 14 as 80.00 chains. The surveyor finds the original quarter-corner monument and the original section corner monument, both bearing the 1856 markings. The measured distance between them is 79.62 chains. The surveyor also finds a later 1970s-era concrete monument 0.38 chains short of the section corner, set by a prior surveyor, with a cap reading the prior surveyor's license number. The current deed for the adjoining parcel calls for '80 chains to the section corner.' The surveyor's client wants the boundary set at the 1970s monument because 'that's what the last survey used.'
1. Which monument controls, and how should the surveyor handle the 0.38-chain discrepancy?
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The original 1856 GLO monuments control. Original government monuments are the highest evidence of the original boundary, and the record distance of 80.00 chains is merely a record of the original measurement, subject to the actual monument positions. The measured 79.62 chains is the true distance between the original monuments and defines the boundary. The 1970s concrete monument is a later, non-original monument; it does not control over original evidence and may itself be in error. The surveyor should hold the original monuments, report the measured distance, and explain that the deed's '80 chains' call yields to the original monument under the rules of construction (monuments over distances). The prior surveyor's monument should be shown as found but not held as controlling.
2. The client asserts the prior survey 'established' the boundary and that the surveyor must follow it. Evaluate that claim under Arkansas survey practice and the hierarchy of evidence.
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A prior survey does not establish a legal boundary; it is evidence of where a prior surveyor believed the boundary was. The hierarchy of evidence places original monuments first, then other natural or artificial monuments called for, then courses and distances, then area. A later surveyor's monument set without authority or in error cannot override original GLO evidence. The surveyor should document the prior monument, explain the hierarchy in the report, and hold the original corners. If the client disputes the boundary, that is a legal question for the courts, not for the surveyor to resolve by adopting an unsupported monument. The surveyor should also note that following a prior erroneous survey could perpetuate error and expose the surveyor to liability.