Tracing the Survey on Foot

The property was in two parcels one east of the county road and one to the west. Using the Ribbons and markers left by the prior survey and the clues provided by the tax maps there seemed to be some conflicts and discrepancies. I decided to walk the property line and try and locate all of the survey markers to get a good understanding of what I was actually buying. The most obvious discrepancy seemed to be on the northeast boundary of the west property (parcel 1). The tax survey showed a very different line than the actual survey map. While the woods were still mostly accessible and clear of foliage I set out on the hike. The good new was that the survey map showed a more favorable line which would include both sides of the creek which was fully encompassed on the east property (parcel 2) and after passing under the county road would potentially be a good water source for my farm. It also turned out to be a very pretty part of the property. In the attached photo album there are survey red numbered markers on slide 2 that I found and photographed to confirm the location. The slides show the markers as numbered. Marker number 10 appeared to be off the survey, but made sense because it was clearly outside of a younger pine planting that appeared to clearly denote a property line agreed to at some point. After meeting with the neighbor owning that property, he confirmed that my property DID include the land up to that pine stand which appeared to be in conflict with the survey. Clarifying this was a huge help in that it indicated my ownership of an old dirt road along the south line of the west parcel which would provide me easier access to the hardwood forest which encompassed the entire west half of Parcel 1. In old rural properties, boundaries on deeds often are subjective and very difficult to follow. I learned this in my first job out of college. I spent a couple of years as a "landman" acquiring oil leases for major oil companies in the southeast. Part of that job is to research the title history to make sure that you know who actually has an ownership in the mineral rights of the property being acquired. I had this one lease I was trying to buy, where part of the legal description on the deed went something like this. "Starting at the big rock in old man Johnson's field, and walking toward the setting sun, the length of two cigarettes to the point of beginning." I was able to find Mr. Johnson's property in the deed records, but was unable to find the "big rock". I would have been able to determine the location of the setting sun on the deed date, but that was not likely the same date that this person walked this survey. Also, I had no idea of knowing how tightly he rolled his cigarettes or how quickly he smoked them while he was walking. The solution to this problem will be outlined in a future story, as this was a very interesting experience so early in my career, and was only the tip of the iceberg of what I had to do to get this property under lease in Blountsville which is near Cullman, AL.

The point of this story is to emphasize that just because the survey says something or the legal description on the prior deed(s) describe the property in a certain way, you may not want to trust it blindly. A deed that was perfectly satisfactory to family members inheriting a piece of property, may not actually describe what you are buying. The family knew where the property lines were, because the hunted there for years, or the cleared pasture and fence lines were trusted. Fields become forests, fences disappear or are moved, and what was not a problem for family, could become a HUGE problem for a new owner wanting to enforce his rights on a piece of property or sell it in the future.