Shared fences and eminent domain

[Tombstone RJ]

Originally Posted by srvy

Section line fences in rural areas are a whole differant animal. Some fences may have been in place longer than the existing section corner. The original surveys when you trace back in the field notes they state raised a mound and set an oak post. Then the blazed trees and referenced said corner and section line. Well those no longer exist so a surveyor retraces and follows in the footprints of the original surveys as best can. The equipment has evolved we are more accurate but the original lines stand. A judge many times rules that old fence is the monument to the line and to hell with the surveyors evidence.

Good land surveyors always do their research before sending anyone out in the field. That said, not all surveyors are good. In fact, some are bad, and they create more problems because they set stuff where they shouldn't, because bad land surveyors neglect to do the proper/extensive research on the history of said property, and the surrounding properties, via previous surveys and plats and deeds, etc.