Lost North Quarter Corner and the Fence-Line Claim
Retracing Section 22, T18N, R4W, Indian Meridian, you find original GLO stones at the northwest and northeast corners of the section; the north quarter corner is lost. The original plat records the north boundary as 80.20 chains, with the quarter corner at 40.10 chains from the northwest corner. Your measured distance between the found corners is 5,295.60 ft on a bearing of N 0°18' E. No original bearing trees remain at the quarter corner, but a 1960s fence corner sits 18 ft east of the proportional position and a nearby landowner says 'the old surveyor always used that fence.' The adjoining deed calls for 'the north half of the northwest quarter,' containing 80 acres, more or less. The owner wants you to set the quarter corner at the fence because it is 'the practical location.'
1. Reestablish the lost north quarter corner. Show the proportion, the bearing and distance from the northwest corner, and explain why the fence does not control.
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Because both section corners are original and the quarter corner is lost, reestablish it by single proportion along the measured north boundary. The record offset is 40.10 chains out of 80.20 chains, exactly one-half. Proportional distance from the northwest corner = (40.10 / 80.20) x 5,295.60 = 2,647.80 ft. The bearing is the bearing of the measured boundary, N 0°18' E. Set the corner at that position and describe it by ties to the found section corners. The fence does not control because it is not the original corner and there is no evidence that it was set by the government survey or accepted as the boundary by the adjoining owners. A fence may be evidence of occupation, acquiescence, or practical location, but the surveyor cannot use it to replace a lost original corner when the record and field evidence support proportionment. Report the fence as a discrepancy.
2. Explain how the reestablished corner affects the deed to the north half of the northwest quarter and what you would show on the survey.
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The north half of the northwest quarter is bounded on the east by the north-south center line of the section, whose north end is the north quarter corner. Moving that corner changes the bearing and position of the center line and therefore the area and shape of the deed tract. The deed's 80-acre call is 'more or less' and does not override the monument and record calls. On the survey, show the reestablished quarter corner, the proportional ties to the northwest and northeast corners, the center line as reestablished, the deed line, and the fence 18 ft east of the corner. Show any area difference between the deed area and the computed area. If the fence has been treated as the boundary for many years, note the occupation and refer the parties to counsel; do not silently adopt it.
3. What record evidence and field procedures would you use, and what would you tell the landowner about 'practical location'?
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Use the original GLO plat and field notes, the record of the north boundary distance and quarter-corner offset, the original section-corner stones, and any later surveys that recovered the quarter corner. Search for bearing trees, mound evidence, and the 1960s survey that may have set the fence. Measure the full boundary, check for blunders, and compute the proportion. Tell the landowner that 'practical location' is not a surveyor's shortcut; it is a legal doctrine that may require evidence of agreement, acquiescence, or adverse possession. The surveyor can locate the lost corner by proportion and can show the fence and occupation, but cannot declare the fence to be the legal boundary. The landowner should consult an attorney if the adjoiner claims the fence line.