Missing Quarter-Section Corner and a 44-Year Fence
A retracement survey is requested for a parcel described as the North 1/2 of the SW 1/4 of Section 14, T6N, R2E, 6th P.M., containing 78.4 acres by county records. You recover the original 30-inch limestone at the SW corner of Section 14 with a faint 'T6N R2E' chiseled on it, but the quarter-section corner on the west line is missing. The current owner's fence lies 22 ft south of the record north line and has been in place since 1979; the neighbor claims the strip. The deed calls for 80 acres and runs 'to the quarter-section corner of Section 14.' A 1952 plat of the adjoining subdivision shows a computed quarter corner 18 ft north of your proportionate position. The county GIS parcel layer places the north line 35 ft south of the fence. The owner wants a boundary line agreement and a new monument. You also find a 1968 surveyor's note in the county file that states the quarter corner was 'set by proportion from the section corners.'
1. What evidence controls the location of the missing quarter-section corner, and what is the proper sequence for reestablishing it?
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The controlling evidence is the original government survey. A found original corner monument, or accessories that reliably identify it, outranks every subsequent record and every occupation line. Here the SW corner is original; the west quarter corner is lost. Do not simply hold the 1952 computed position or the GIS. First, recover all four section corners and any original accessories such as bearing trees, pits, mounds, and line blazes. Then evaluate the 1968 note: a corner 'set by proportion' is a subsequent monument, not an original, and is evidence only of that surveyor's opinion. If no original evidence remains, reestablish the quarter corner by proportion along the west section line between the original section corners, using the government record distances. The record acreage of 80 versus 78.4 is a quantity, not a controlling call; it yields to monuments. Set a temporary point, compare it with the 1968 note, the fence, and the plat, and document the conflict. Only after exhausting original evidence may you adopt a proportionate position.
2. How should the fence, the 1952 plat, and the GIS layer affect your boundary determination and the proposed boundary line agreement?
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The fence is occupation. It may support a claim of adverse possession or boundary by agreement, but a surveyor does not decide title. In many jurisdictions, boundary by agreement requires an uncertain or disputed line, mutual agreement, and possession consistent with the agreed line; adverse possession requires statutory elements and time. The 44-year fence is strong evidence of possession, not conclusive proof of the boundary. The 1952 plat is a subsequent survey; it may control lots created by that plat if monuments were set and the plat was accepted, but it does not relocate the government corner merely because it shows a computed position. The GIS layer is an administrative and tax map, often digitized from 1:24,000 quadrangle maps, with errors of tens of feet; it has low evidentiary weight and should not be shifted to fit one survey. If the owners want a boundary line agreement, advise legal counsel, obtain a written agreement and deed, and show the agreed line as a separate line on the survey, not as the government corner.
3. What monument and records should you set, and what note should appear on the plat?
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Set a durable monument at the reestablished quarter corner, with a cap marked 'REESTABLISHED' or 'BY PROPORTION,' not 'ORIGINAL.' Add at least two witness ties and reference the original section corners and any accessories. File the required corner record or record of survey. On the plat, show the found original SW corner, the missing corner, the basis of bearing, record and measured distances, the 1952 computed corner, the 1968 note, the fence, and the GIS discrepancy. State the area and the fact that the fence was not accepted as the boundary. Do not set the corner at the fence unless a written agreement or adjudication establishes it. If the owner proceeds with a boundary line agreement, show the agreed line and a note that it is by agreement, with recording information; keep the PLSS corner independent and clearly explained.