[or-roots] Water Related Story

Wed Apr 15 22:25:39 PDT 2009

Nancy;

I would be curious what the blazes were. If they were blazes that the
"original entry" surveyors were required to make when they ran the section
lines and the quarter lines if needed. They "should" have deliniated your
property line if your ownership is "aliquot" parts. That being said, if
original corners were lost and the surveyors charged with re-setting them
could not find sufficeient evidence of the original locations and had to
proportion them in it is possible your original boundries are no longer your
"true" property lines. Unfortunatley the chances of overturning that are
fairly limited unless you can prove the surveyor made an error. As a non
licensed citizen you have zero chance of that and your only hope would be to
convince another surveyor to "correct" the issue for you. Which would
probably cost more than the lost real estate was worth unless it is of
buildable lot size.

we had an involved discussion in one of our Licensed Surveyor of Oregon
annual conference this year about the difference between precision and
accuracy and the role of the survyor in "judging' property ownership. Most
surveyors will tell you that the do NOT determine propert lines, they just
"survey the deed" but almost anytime you do that you are making decisions
that affect the outcome of the survey and it is entirely possible the folks
that moved your lines made a wrong one.

Les

-----Original Message-----
From: or-roots-bounces at listsmart.osl.state.or.us
[mailto:or-roots-bounces at listsmart.osl.state.or.us]On Behalf Of Nancy Lee
Adams
Sent: Wednesday, April 15, 2009 10:07 PM
To: or-roots mail list
Subject: Re: [or-roots] Water Related Story

Fred -

I love your story as that's the way I read some of the legal descriptions
were, but yours story is really detailed <g> In the old days the
boundary/land description would read from one blazed tree to another. We had
blazed trees to show the boundary on our farm in Jackson Co. but a forest
fire came right up to the farm & burned those trees. Now the neighbor has
done a modern survey & those blazed trees mean nothing anyways. Plus we lost
a good 10 to12 feet from this modern survey.

Nancy
----- Original Message -----
From: <ffarner at coinet.com>
To: "or-roots mail list" <or-roots at listsmart.osl.state.or.us>
Sent: Wednesday, April 15, 2009 6:18 PM
Subject: [or-roots] Water Related Story

> Just a story:
>
> About thirty years ago my wife, of the time, and I were looking for a
> small farm to buy.  We liked a piece near Horton, Oregon, about sixty
> acres. The bulk of the property lay to the east of a small creek that ran
> north to south.  Well, when I went to the courthouse to research the piece
> I was rather shocked to see the legal description took [I think] eight or
> nine pages!  I found an old timer in town and inquired as to what maybe
> was the cause of this.  He explained to me that the original settler there
> had homesteaded the place did not trust big business.  Timber companies in
> particular.  So, when he had to sell off the steep, non-farmable land he
> made dead certain those timber barons didn't get any of HIS farm land.
> The boundary to the west of the creek [and therefore not farmable anyway
> due to the lay of the land] read something like this; 'from the three foot
> stake running northwest about thirty feet to the pointed rock that is one
> and a half feet above the ground, thence running fifteen feet to the cedar
> tree that lightning has split,...........  Anyway, you get the picture.
> That useless piece of ground had over three hundred way points in its half
> mile run.  But, it certainly made sure no timber baron could get to his
> creek for water.  Of course, above and below his place they could.  We
> didn't buy the property for different reasons.
>
> Fred F
>
>> Sue,
>>
>> Thank you! I have been in the Jackson Co. Watermaster's office many
>> times,
>> but never thought to ask them my question. That would have been a good
>> time to ask. Silly me <g>
>>   ----- Original Message -----
>>   From: Sue Steward
>>   To: or-roots mail list
>>   Sent: Wednesday, April 15, 2009 1:43 PM
>>   Subject: Re: [or-roots] Water location posted
>>
>>
>>   Nancy, I have a friend who works in the Jackson County Watermaster's
>> office.  I'll try to contact her tonight and see if she can give us any
>> info.  I tried to call her at the office but she is in a class today.
>>
>>   Sue
>>     ----- Original Message -----
>>     From: Nancy Lee Adams
>>     To: or-roots at listsmart.osl.state.or.us
>>     Sent: Wednesday, April 15, 2009 11:46 AM
>>     Subject: [or-roots] Water location posted
>>
>>
>>     Hi everyone -
>>     I was wondering if anyone knew how a farmer/miner who filed a water
>> location in Jackson Co., OR. would post it on his land like our water
>> location document reads 'posted on the east bank of said creek', and
>> starts on the boundary line, In 1902. Does anyone know how it might be
>> posted? Would it be a piece of paper nailed to a tree, a pile of
>> rocks, or? Any ideas? I imagine what ever it was is all gone after
>> about 107 years, with logging, forest fires & such. I know where the
>> water location is, but I would like to hike around it & see if I can
>> find something.
>>
>>     Thanks, Nancy
>>
>>
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