Senior Deed Versus Long Occupation
You are resolving the boundary between two rural parcels. The senior deed from 1952 calls for a stone at the northeast corner and a line N 45°00'00" E 600.00 ft to a stone. The junior deed from 1988 calls for the same line but uses a calculated point from a 1990 survey, which places the line 15 ft southeast of the senior stone. In the field, you find the 1952 stone at the senior position and a woven-wire fence 15 ft southeast of it, along the junior survey line. The junior owner has occupied to the fence since 1990, has a barn that crosses the line, and says the 1990 survey is recorded. The senior owner wants you to stake the stone line. Both deeds are in the chain of title. Your state recognizes boundary by acquiescence but not adverse possession against co-tenants.
1. Which line controls as a matter of boundary law, and what is the surveyor's role?
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The senior deed controls. A junior grantee takes title subject to the senior boundary. The 1952 stone is an original monument called for by the senior deed, and original monuments control over later calculated positions. The 1990 survey is a later interpretation and cannot enlarge the junior parcel by 15 ft merely by being recorded. However, the fence and more than 30 years of occupation may support boundary by acquiescence, which is a legal question. The surveyor's role is to locate and document evidence, not to quiet title. Stake the senior stone line as the record line, show the fence and occupation line, and refer the parties to counsel.
2. How do you treat the 1990 survey and the fence?
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Treat the 1990 survey as evidence of what that surveyor did, not as controlling boundary law. The fence is occupation evidence, and the barn is an encroachment. If the state's acquiescence period is met, a court may establish the fence as the boundary, but the surveyor cannot make that decision. Do not set a corner at the fence or split the difference. Show both lines, note the barn crossing, and document the occupation history if the owners can provide dates.
3. What do you put on the map and in the report?
Read the worked answer
Show the senior and junior deed lines, the 1952 stone, the 1990 calculated point, the fence, the barn, the area between the lines, the basis of bearings, and the deed references. Distinguish 'line of record' from 'line of occupation.' Include a statement that the boundary is disputed and that legal advice is required. Do not certify a single boundary as undisputed. If you seal the map, seal only the factual location of evidence and your qualified professional opinion, with clear notes about the unresolved legal issue.