Fence, Deed Line, and Boundary by Acquiescence
An Iowa surveyor is retained to prepare a boundary survey for sale of a 78-acre rural parcel in Dallas County. The seller's deed begins at a found 1-inch iron pipe at the northwest corner of Section 22 and calls thence S 89°51' E, 1,318.6 ft to a set iron pin; thence S 0°07' W, 2,640.0 ft; thence N 89°51' W, 1,318.6 ft; thence north to the point of beginning. The field crew finds the iron pipe, but the adjoining owner's woven-wire fence lies 11.8 ft west of the deed line and has been maintained as the pasture boundary since at least 1998. The seller says the fence was 'just for cattle' and instructs the surveyor to show only the deed line, omit the fence, and note 'no encroachments.' The title commitment lists no boundary agreement, but the neighbor has paid taxes on the strip and grazes it. Closing is in 10 days.
1. Identify the evidence that controls the boundary and explain how the surveyor should treat the deed line and the fence.
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The found iron pipe at the point of beginning is an artificial monument and controls that corner over the deed's courses and distances. The deed line itself remains the written boundary, but the fence is not automatically irrelevant. Iowa boundary law recognizes boundary by acquiescence where adjoining owners treat a visible line as the boundary for a substantial period, commonly at least 10 years, and both parties recognize it. Here the fence has existed since at least 1998, is maintained, and is supported by grazing and tax payment on the strip. That does not authorize the surveyor to declare title, but it creates a real adverse-possession or acquiescence issue.
The surveyor must not choose the 'deed line only' result simply because the client prefers it. The correct approach is to locate both the deed line and the fence, show the 11.8-ft strip, and state that the fence may constitute the practical boundary or support an adverse claim. Recommend that the seller obtain a boundary agreement or a quiet-title determination before closing. The survey is evidence of location; it is not a judicial decree.
2. The seller instructs the surveyor to omit the fence and state 'no encroachments.' How should the surveyor respond?
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The surveyor should refuse. Omitting a known physical occupation that conflicts with the deed is a material misrepresentation, and a note of 'no encroachments' would be false when the fence occupies a strip and the neighbor claims it. The title insurer, lender, buyer, and neighbor may all rely on the survey.
The proper response is to explain the risk, show the fence and the strip, and qualify the boundary as 'per deed' while noting the adverse claim. If the client insists on the false map, the surveyor should decline the engagement or issue a survey that accurately discloses the conflict. The surveyor should not accept pressure or a bonus to change the map. The client's instruction and the surveyor's refusal should be documented in the project file.
3. What map notes and records should be included for this project?
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- The deed line, the fence line, measured distances between them, and the area of the disputed strip.
- The found iron pipe and its description, plus the basis of bearings and the deed reference.
- A note such as: 'Fence line shown for information; it has not been determined to be the boundary. Possible boundary by acquiescence or adverse possession; consult legal counsel.'
- The title commitment reference and the fact that no boundary agreement was recorded.
- Field notes, photographs, GNSS or total-station data, and the client's written instruction.
- The surveyor's signature, seal, date, and a statement of the survey method.
The file should also record that the seller was advised of the conflict and that the surveyor declined to omit it. These records protect the public and support the surveyor's professional position.