The Stump, the 1960 Monument, and the Moving Creek
A 1902 deed conveys a 62-acre farm beginning at a stone at the northeast corner, thence S 45° W 1,320 ft to a 36-inch white oak at the southeast corner; thence with the meanders of Mill Creek to the southwest corner; thence N 45° W 1,320 ft to the northwest corner. The white oak is gone. A 30-inch oak stump with an 1890s axe blaze is found 12 ft north of the record position. A 1960 survey by another surveyor set a concrete monument at the record position, and the current owner's fence has followed that 1960 monument for 60 years. The adjoiner's deed calls to the same white oak. The client wants the surveyor to hold the 1960 concrete monument because 'everyone has used it' and to ignore the stump. The surveyor also finds a 1958 aerial photo showing Mill Creek in a different channel.
1. How should the surveyor weigh the stump against the 1960 concrete monument?
Read the worked answer
The stump is potential original evidence; the 1960 concrete monument is a later surveyor's opinion. Original monuments control over record distances and over monuments set by later surveys. Before accepting the stump, the surveyor must test whether it is the original oak: species, size, blaze age, location relative to the stone and other original corners, and consistency with the deed. If it is original, its position controls even though it is 12 ft from the record call. The 1960 monument and 60-year fence are evidence of occupation and may support a legal theory of boundary by agreement or acquiescence, but that is a court question, not the surveyor's to decide. The surveyor should retrace the original lines, show the stump, the 1960 monument, the fence, and the measured-versus-record relationship, and explain why the later monument does not automatically control.
2. How should the surveyor treat the deed call to Mill Creek and the 1958 aerial showing a different channel?
Read the worked answer
A call to a natural monument such as a creek requires locating the creek as it existed when the deed was made, then determining whether the change was gradual or sudden. Gradual erosion or accretion generally moves the boundary with the water; avulsion, a sudden channel change, generally leaves the boundary at the old channel. The 1958 aerial is evidence of the earlier channel, but the surveyor should also look for older aerials, soil and vegetation clues, and any survey records. The deed language 'with the meanders' must be read with the rest of the description and Ohio law on riparian boundaries. The surveyor should not simply adopt today's creek. Show the deed meander line, the old channel evidence, and the current channel, and note the ambiguity for legal review.
3. If the client insists that the 1960 monument be labeled the true corner, what should the surveyor do?
Read the worked answer
The surveyor may show the 1960 monument as a found monument and may note that occupation has followed it, but should not label it the true original corner if the evidence contradicts that conclusion. The plat should distinguish original evidence, later-set monuments, occupation lines, and record calls. If the client wants a boundary line based on long use, the surveyor can prepare a plat showing that claim and refer the client to counsel. The surveyor should not omit the stump or the creek evidence. If the client refuses to accept a truthful plat, the surveyor should decline the engagement rather than seal a misleading document.