Original Pipe, Occupation Fence, and a Client Who Wants a Clean Plat
You are retracing Lot 14 of a 1962 subdivision. The plat shows a 100.00 ft frontage and a 150.00 ft depth, with an iron pipe at each rear corner. You find the original 1962 pipe at the northwest rear corner, but it lies 0.42 ft west and 0.28 ft north of the position computed from the plat and the found front monuments. A chain-link fence built in 1979 runs from the front corner to a point 1.3 ft inside the east lot line; the neighbour's driveway paving crosses 0.4 ft over the line near the rear. The adjoiner's 1998 deed calls the common line 150.6 ft, while the plat says 150.0 ft. The client wants a marketable survey with no encroachments shown and asks you to hold the plat distances because the pipe is probably a fence post. Title is scheduled to transfer next month.
1. How would you resolve the boundary, and what weight do you give the pipe, the plat distances, the 1998 deed, and the fence?
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The first question is whether the pipe is the original 1962 monument. If it is, it controls over the plat's calculated position. Original monuments are the best evidence of the boundary; distances and bearings are subordinate evidence. The 0.42 ft and 0.28 ft offsets are within the range of plat misclosure, paper distortion, or construction, but they could also indicate a moved pipe. Check the pipe's type, size, age, corrosion, and whether the soil around it is undisturbed; compare it with original pipes at adjacent corners and with the original field notes. If it is original, hold it. The 1998 deed's 150.6 ft is junior to the 1962 plat and cannot move the senior line. The fence is occupation evidence, not title; after more than 40 years it may support an adverse-possession claim, but that is a legal conclusion. The driveway encroachment is physical evidence and must be shown, not omitted.
2. What additional evidence would you gather, and what finding would change your conclusion?
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Excavate around the pipe and look for an original cap, plug, or manufacturer's mark. Search for the subdivision field notes and compare the pipe with the original monuments at the block corners. Check the plat's mathematical closure to see whether the 0.42 ft and 0.28 ft offsets are consistent with a systematic misclosure. Interview long-time owners about the fence and the driveway, and check the statutory period for adverse possession. If the pipe proves to be a later fence post, or if it has clearly been disturbed, then the original plat distances and the occupation evidence carry more weight. If the pipe is original, the boundary follows it even though the plat distances do not close perfectly. A different result would also follow if the adjoining deed describes a senior line that predates the subdivision.
3. How should you respond to the client's request to omit the encroachments and hold the plat distances?
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Explain that a surveyor cannot certify a plat that omits known encroachments or discrepancies. You can deliver a survey that shows the pipe, the fence, the driveway crossing, and the deed/plat difference with clear notes. You can also prepare an ALTA/NSPS table that identifies the matters surveyed and any observed evidence. If the client insists on omission, decline to sign or certify that version. Document the request and your response. Suggest that the client obtain title and legal review before closing. The deadline does not change the professional obligation to show what was found.