Posted by Frank
on 4/16/2009, 14:01:30, in reply to "Professional opinion needed "
70.101.39.222
if the deed does not call out the wall it is not relavant. That being said you stated both misclosures as 30' and 20' respectively. I assume that is the linear closure. there are several things that need to be considered.
In the rectangular description of the parcel is it meant to be a parallelgram. If so then the lines that are defined by the evidence will be the support of the fourth line.
The intent of the deed needs to be understood. To assume that the stone wall comes into play can create a different set of issues. First it did not sound like in either situation the stone wall placement fixes the error. It may be 20 or 30 feet away but that does not necessarily fix a 20 or 30 foot misclosure.
To say the parcel is "rectangular" implies that the opposite sides have the same length and direction.
if there was a call sunc as in or along a stone wall then you would have a case to use the wall as either the boundary as "in a stone wall" or for a direction as "along a stone wall"
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