[TheForge] surveys & deeds

[Cindy and James]

Here in Texas surveys vary and sometimes the best reference point is an 
old fence line.  Most surveys were done years ago and are surprisingly 
accurate considering the methods used at the time, hence the term, "more 
or less" on the acreage.  I have seen survey maps w/ calls for sections 
(640 acres) that are distinctly different in size from the one next to 
it and both stating the same acreage.  I also remember the ranch 
adjoining where I grew up sold and the buyer had it surveyed... it 
contained 240 MORE acres than the deed called for!  Yes, that tract 
actually contained 240 acres more than the deed stated.  That survey was 
probably done in the mid 1800's.

Texas also has a provision called "adverse possession" whereby one can 
obtain title to land actually owned by another by using it without the 
owner's permission but that's rare and hard to prove.  I was called to 
testify as an "expert witness" in one such case in the early 80's (I 
worked for USDA at the time).

On my wife's ranch in Sherman, TX there was a case sort of like this 
that I "solved" last year.  A 22 acre tract wasn't fenced on 1 side and 
the neighbor on that side was farming annual crops.  You can't see the 
property lines due to the terrain and he was farming on our land, maybe 
2 or 3 acres.  This had been going on for several years but my wife's 
dad just let it go (he didn't feel good and died 2 years ago).  I got 
out the deeds, bought a tape measure, some surveyor's flags, measured 
and  marked the boundaries w/ flags and let them sit for a few months.  
Then I went back, drilled holes and put pipe fence post every 400 feet.  
Didn't say anything to anyone, just let things slide.  Neighbor 
harvested his crop and when he planted this year he stayed on his land.  
Now I need to go back and put up wire and finish the fence.

Everyone thought I had it surveyed because of the flags (this is the 
actual story that went around).

You may not be so lucky.  There have been a killings over property lines!

James