Boundary Determination and Retracement
Retracement versus original survey
A retracement reconstructs an existing boundary; it does not create a new one. Ohio courts follow the hierarchy of evidence: natural monuments, artificial monuments, course calls, distance calls, and area. Original government monuments in Ohio’s PLSS area in northwest Ohio control, and lost corners are restored by accepted proportionate methods. In metes-and-bounds areas, the original survey and the parties’ intent control.
Calls and adjoiners
A call for an adjoiner’s line or corner is treated as a monument call. Senior rights prevail when a junior deed overlaps a senior tract; the junior conveyance is reduced to the senior line. Uncalled-for monuments generally do not control, and a line actually run and marked by the original surveyor may outweigh a later record distance. Intent is gathered from the whole deed, contemporaneous records, and the physical evidence.
Worked example
Deed: “beginning at a stone at the NW corner of Doe’s land; thence N 80° E 200.0 ft to a post.” The stone is found, but the post is 12 ft beyond 200.0 ft. Which controls? The stone and the call for Doe’s corner are monuments; the distance is subordinate. The post may be a later replacement, so the boundary is located from the stone and the adjoiner call unless evidence proves the post is original. Distance is used only if the monument evidence fails.
Traps
Proportioning in non-PLSS metes-and-bounds tracts; accepting a found pipe as original without chain of evidence; ignoring possession or acquiescence lines; and assuming the deed distance is more reliable than a called monument. Always document the basis for accepting or rejecting a monument.