<div dir="ltr"><div dir="ltr">On Fri, Aug 13, 2021 at 12:26 PM Minh Nguyen <<a href="mailto:minh@nguyen.cincinnati.oh.us">minh@nguyen.cincinnati.oh.us</a>> wrote:<br></div><div class="gmail_quote"><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">There seems to be an assumption that the boundaries aren't defined in a <br>
way that don't overlap by a smidgen. I know very little about this <br>
specific example, but as someone who used to live on a property parcel <br>
that accidentally overlapped with two others, I find it less alarming <br>
than I probably should. Perhaps Attila could check if there are any <br>
close calls like this so we could discuss what to do about them here or <br>
in other forums where locals are present.<br></blockquote><div><br></div><div>My experience is that in the backcountry, this is more the rule than the exception. Very seldom do successive surveys, or successive digitizations of the same plat, strike exactly the same lines. As often as not, a precise survey would cost more than the land is worth, so the usual approach to indefinite boundaries is, "if this ever actually becomes an issue, we'll let the courts sort it out." </div><div><br></div><div>My uncle feuded with his neighbours over a property line for over forty years. When the property came down to my brother, he made up with the neighbours fairly quickly and hired a forester to help sort things out. With the aid of a metal detector, the guy was able to recover not only buried survey pins at the corners, but also the remains of a barbed-wire fence that had once been at the property line (but destroyed some time before the 1940's). My brother didn't even need to come up with any cash, since the line recovery revealed that he had a fine stand of red oaks that he thought belonged to the neighbour, and the forester harvested some of them in payment. I'm sure that they are fine furniture in someone's house today. That's usually how these things are settled - by a handshake between the neighbours. Later on, someone may be trying to float a mortgage, and the bank will perhaps require a new survey. The usual effect will be that any deviation to the line will have been established by use and adverse possession, and the new surveyed line will become the property line.</div><div><br></div><div>Even 'obvious' wrong boundaries to state holdings may be meaningful. In a tract of land in New York known as Township 40, a settlement comprising some two hundred private holdings, a fire station, a school, a church and a power station was claimed to be state wild forest land for about 150 years. The turbid history had included a faulty survey in 1771 and a fraudulent sheriff's repossession for nonpayment of taxes (which, in fact, had been paid in full) in 1862. The legalities grew to be so complicated that they eventually were resolved only by amending the state constitution, which amendment became final in 2013. It was hardly controversial; it passed the state legislature unanimously and carried about three-fourths of the popular vote in the referendum. Prior to 2013, the state maps showed the forest encompassing most of a small village. Had I been conversant with OSM at the time, and had it been anywhere near its present state of development, I'd surely have mapped both opinions of the public land boundary, partly as an aid to journalists covering the story.</div><div><br></div><div>We even have township county lines that don't quite close - because they're tied to inconsistent surveys from 17th- and 18th-century land grants. The answer in many cases to, "where is the boundary, exactly?" is "who wants to know?"</div><div><br></div><div>In general, I map cadastre only of public-access lands, and if two or more 'authoritative' sources return different answers, I map both unless I can answer to my satisfaction, through further research or fieldwork, exactly which is right and how the error came to be. The gores on what are almost certainly indefinite boundaries don't bother me in the least. </div><br class="gmail-Apple-interchange-newline"><div>I know this sounds totally bonkers to people who live in jurisdictions with title registries. But the US has no foundation in any Domesday Book. New York attempted to introduce such a system gradually in 1908 by having a state registry for new land conveyances. The system was never popular, and first became optional (with only a few lenders actually requiring registration of title) and then repealed. The registry is still maintained for existing deeds (which are mostly in Suffolk County), but Torrens transfers are no longer permitted.</div><div><br></div><div>Because the USA.</div><div>--<br></div></div><div dir="ltr" class="gmail_signature">73 de ke9tv/2, Kevin</div></div>