The Stone Wall, the Fence, and the 12-Rod Deed
In Coventry, Connecticut, a 4.2-acre parcel is being sold, and the seller's 1894 deed calls: "beginning at a stone heap at the northeasterly corner of land formerly of Daniel Root, thence southerly 12 rods to a stone wall; thence westerly along said wall 20 rods; thence northerly 12 rods to the highway; thence easterly along the highway 20 rods to the place of beginning." The retracement finds the stone heap, a substantial dry-laid stone wall about 4 ft south of the computed south line, and a 1976 concrete monument at the southeast corner that is not called for in any deed. A wire fence, in place since at least 1970, runs 5.5 ft west of the computed west line. Twelve rods is 198 ft; measured along the fence the west line is 192.5 ft. The neighbor claims the fence is the boundary. The seller wants a survey that "matches the fence" so the closing can proceed.
1. Rank the boundary evidence and state which line controls the deed location.
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Controlling evidence. The deed calls for a stone heap, a stone wall, the highway, and distances of 12 and 20 rods. In a Connecticut retracement, natural or artificial monuments called for in the deed generally control over courses and distances when they can be identified with reasonable certainty. The stone heap and the highway are called-for monuments. The stone wall is also a called-for monument, even though its face is about 4 ft from the computed line. The distances (12 rods = 198 ft) are subordinate; they check the monuments rather than override them.
Other evidence. The 1976 concrete monument is not called for in any deed. It is evidence, but unless it can be shown to perpetuate an original corner, it ranks below the called-for monuments. The wire fence is not a deed monument at all; it is an occupation line.
Result. The south line follows the stone wall, and the west line is controlled by the stone heap and the point where the wall meets the highway call, not by the 192.5-ft fence measurement. If the wall is several feet wide, locate the line along its centerline or the face that best fits the deed and the occupation history, and state the basis on the map and in the report.
2. How should the fence and the neighbor's claim be treated on the map and in the report?
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Show both lines. The record boundary is plotted from the monument-controlled deed lines. The fence is shown as a distinct line labeled "line of occupation - wire fence, existing since at least 1970," with the measured offsets, such as 5.5 ft west of record and 192.5 ft versus 198 ft along the west line. Do not label the fence as the boundary or silently adopt it.
In the report, explain that the neighbor's claim is a title and rights question, not a survey measurement question. A Connecticut claim of adverse possession requires 15 years of continuous, open, and adverse use under CGS §52-575, and boundary by practical location may also be asserted. Whether those elements are met is for the owner and counsel. The surveyor's duty is to disclose the discrepancy and the claim, not to decide it.
If a written boundary agreement is later recorded, the map can be revised to show the agreed line with a reference to the instrument. Until then, the record line and the occupation line both appear with a clear note. This protects the client, the neighbor, and the surveyor.
3. The seller asks you to adopt the fence line to avoid a dispute. What is your response?
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Refuse. Adopting the fence as the boundary would portray a boundary not supported by the deed or by a written instrument, conceal a known discrepancy, and potentially prejudice both owners. A surveyor may not relocate a boundary by drafting convenience.
Explain to the seller that the fence may give rise to a claim, but a claim is not a surveyed boundary. The closing can still proceed with the record boundary shown, the fence shown as occupation, and an appropriate title exception or a written boundary agreement.
Offer practical options: issue the boundary survey on the record line with the occupation note; prepare a map of the claimed line only if both owners sign a written, recordable boundary agreement and the agreement is referenced; or recommend that the seller consult counsel about adverse possession or a quitclaim. If the seller insists, withdraw from the engagement rather than sign a misleading map. Document the request and the refusal in the file. This is both an ethical requirement and a business-protection measure.