More or Less

Posted by John T Country Lawyer on April 30, 2012 at 04:43:01 from (216.249.82.117):

In Reply to: Calculating acres in Google Earth posted by blunosr on April 30, 2012 at 03:56:03:

Troy, having bought and sold several farms, been a real estate broker, been a surveyors helper, and being an attorney who has practiced somewhat in real estate law, I CAN TELL YOU ITS FAIRLY OFTEN that if you buy a larger parcel of real estate in a rural area that hasnt undergone an actual modern survey THE ACTUAL ACREAGE CAN VARY FROM WHAT YOUR DEED (especially older deeds referencing say quarter sections (160 a) or quarter quarter (40 a) section etc) CALLS FOR.

Thats one of the reasons that most deeds cite "more or less" at the end of their legal description

Then theres the whole long settled body of common law known as "Adverse Posession" that fills entire law library sections and years of study which we obviously cant cover and explain here, so just realize if you and your neighbor have used maintained and treated a land "boundary" (such as an old existing fence line) over a statutory period of time such can ripen into the legal boundary even if not in exact agreement with what your deed states is the boundary. You or your neighbor may have a claim pursuant to the legal doctrine of Adverse Posession.

You have to realize the old original government surveys (when they set section corners) were done yearsssssssssss ago before the advent of EDM and GPS (they used chains) and were far from prefect.

Its been my experience the tax records and assessors and auditors office ARE OFTEN IN ERROR AS TO THE EXACT ACREAGE, so what you tell me doesnt surprise me as an attorney, past real estate broker and land buyer and seller one bit.

If you want to talk to your local officials and think you have any valid gripe, I doubt citing Google Earth as authority or reference will impress them while an actual survey (a surveyor is legally competent to render expert legal "opinion" as to boundaries etc) would have more validity, but thats fairly expensive depending on the terrain and presence of recent adjoining modern surveys and mounuments and section corners etc etc.

If you have specific concerns (and theres a lot of money riding on the outcome) I suggest you consult local trained competent professionals such as Land Surveyors and Attorneys.

Nuff said for a Tractor Board

Best wishes n God Bless

John T Country Lawyer

Replies:

• Re: More or Less kyplowboy 06:34:54 04/30/12 (2)
  • Re: More or Less John T 07:09:30 04/30/12 (1)
    • Re: More or Less paul 08:53:11 04/30/12 (0)

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