What is the NW ¼?
What is the NW ¼? You are hired to survey your client s property in Section 8. His deed says NW ¼ Section 8, T. 40 S., R. 07 E. According to the county, it is Tax Lot 700. He gives you the Assessor s plat for reference:
T. 40 S., R 07 E.
Group Break Out What, if anything, sends up a red flag? What does the lotting along the North and South centerline suggest? What are your next steps?
Private Plat
Private Plat, North Side
Private Plat, East Side
Private Plat, South Side
Private Plat, West Side
GLO Plat #1
GLO Plat #1 Sec. 8
GLO Plat #2
GLO Plat #2 Sec. 8
BLM Plat #3
BLM Plat #3 Sec. 8
Information What information do you know for sure? What other information do you think you might need? Where might you go to get more information? Can you make a decision on how the section should be subdivided without any more information?
Group Break Out You go out on the ground to start your survey, and you run into a BLM forester, who tells you that the lots 1 and 2 are federal land. What sources of information can you use to help you confirm or deny this?
BLM Master Title Plat
Master Title Plat Sec. 8
Historical Index pg 1
Historical Index pg 2
Historical Index pg 3
Historical Index pg 4
Historical Index pg 5
Historical Index pg 6
Historical Index pg 7
Historical Index pg 8
NW ¼ Patent
NW ¼ patent date April 9, 1901
NW ¼ Description North West quarter One hundred and sixty acres
Patents What is the date of the patent? What is the description on the patent? How do those dates correspond with the dates of the official survey plat(s)?
Plat Dates First survey: September 7, 1858 Second survey: November 12, 1900 NW ¼ Patent; April 9, 1901 NE ¼ Patent; August 29, 1907 Third survey: June 15, 1984
Group Break Out Do these patent dates lead you to a firm conclusion? Is there any other information you might need?
Discussion NW4 was patented based on the original survey @160 acres The 1900 survey identified an excess (more than 5% of the patented 160 acres) between the 1858 survey and protraction of the NW ¼ and the 1900 completion survey of the NE ¼ in section 8. Draftsmen creates lots 1 thru 7 in section 8 to account for this 5%. The 1901 patent of the NW ¼ listed 160 acres, not 172. 05 acres. Patent was issued similarly to all other patents issued on the original survey. Including those in other sections which were only partially returned in the original survey (SW 17, 21, and 34). At the time of patent, the entrymen would locate themselves in accordance with the original survey.
1973 Manual Bona Fide Rights 6-13. Bona fide rights are those acquired in good faith under the law. A resurvey can affect bona fide rights only in the matter of position or location on the earth's surface. The surveyor will be concerned only with the question of whether the lands covered by such rights have been actually located in good faith. Other questions of good faith (such as priority of occupation, possession, continuous residence, value of improvements and cultivation) do not affect the problem of resurvey except as they BONA help FIDE to define RIGHTS the position OF CLAIMANTS of the original survey.
2009 Manual Bona Fide Rights 5-26 Arbitrary location (with no reliance on at least one federal monument) cannot qualify as having established a bona fide right as to location.
Discussion (cont) NE4, SE4, SW4 were patented based on the completion survey The 1901 patent of the NE 1/4, listed the acreage correctly as 160 acres; The 1904 patent of the SW ¼ listed the combined acreage of lots 3, 4 and 5 and the aliquot NE ¼ of the SW ¼ correctly as 187.48 acres; The 1906 patent of the SE 1/4, listed the combined acreage of lots 6 and 7 and the aliquot N ½ of the SE ¼ correctly as 173.98 acres; Pat. 1904 187.48ac Pat. 1901 160ac Pat. 1904 173.98ac
Discussion (cont) At the time of patent, the entrymen would locate themselves with the evidence of the original survey. It was not until 1984 that physical evidence was available for the NW corner of the NE4 by official dependent resurvey. Pat. 1904 187.48ac Pat. 1901 160ac Pat. 1904 173.98ac
WHAT DO YOU BELIEVE!?!