12.24.2006

Clearing a new fence line.

Property owners sometimes mistakenly assume that an existing fence is the same as the property line. They are shocked to discover that the fence in question may be many feet in error when a survey is performed.
Unless the subject deed specifically refers to following a fence (which is rare) a competent land surveyor will consider the fence to be low in the evidence chain in comparison to other more favorable evidence called for in the deed. If the subject deed contains such language as "thence with a fence", "along a fence" or "following a fence" then it is a safe bet that the fence is the property line if the fence in question is the original fence called for in the conveyance. Otherwise, the surveyor must follow the explicit instructions contained in the deed while ignoring the fence, unless the fence is the only remaining evidence of the boundary. Posted by Picasa

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