Assessing property boundaries is both an art and a science. Disputes
regarding property boundaries can arise for a number of reasons.
Properties can be difficult to survey. Rough terrain and human error may
lead to miscalculation. Older boundaries may have been determined with
poor instrumentation.
the surveying industry as a hiatus — is found between properties and does
not belong to either party. These gaps, as well as boundary overlaps, tend
to occur when properties are resurveyed and discrepancies are found in
either a subsequent survey (the junior survey) or with the original survey
(the senior survey). The federal courts have settled many property boundary disputes. Over
time, established procedures have evolved for resolving these
discrepancies. In U.S. v. Weyerhaeuser Company (1967), the 9th Circuit Court decided that
discrepancies in surveys did not matter and that the original monuments —
the permanently placed survey markers in the ground — marked the boundary,
and any resulting hiatus was deemed public land. The courts have
consistently determined that hiatus land shall remain in the public
domain. Cases regarding overlaps are more complicated. Courts have consistently
said that when two officially accepted surveys conflict, and the result is
an overlap, the survey that is senior in time takes precedent. When it comes to court cases involving property rights, the concept of
"first in time, first in right" is firmly established. In Wirth v. Branson
(1878), the U.S. Supreme Court made it clear that once a property had been
patented — title of ownership confirmed by the government — the government
cannot convey that land to any second party. Courtesy of ProspectMortgage Carol Lusidia Morrow, REALTOR® CENTURY 21 Award 7676 Hazard Center Dr. #200
San Diego, CA 92108 (619)368-6382 www.CLMrealestate.com DRE# 01463404
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