The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1880-09-23
Boundaries and Titles to Farms.

Boundaries and Titles to Farms.
A few years ago q dozen farmers in .
town in Eastern Illinois discovered
that they had erected houses and other
buildings, dug wells and planted fruit
and ornamental trees on land belong
ing to others. None of the fences d.
viding their farms were on the true
line. Some of them had been to the
expense Of planting and cultivating
hedges. All of them had been to the
expense of making valuable improve
ments of various kinds on land to
which they had no title, or to which
the boundaries had not been correctly
marked. They had purchased their
land of the agent of q Spectator, who
informed them that he understood q
certain tree stood at such corner of the
tract he was disposing of. They accord
inglv measured from the tree and stuck
up their stakes.
The land was of little value then, and
it was not thought worth while to en-
ploy surveyor to run the lines. Most
of the land in the vicinity was open
prairie, and the difference of q few
rods, more or less, did not appear to
amount to much. In the course of q
few years the land became valveble,
partly on account of the improvements
upon it, and partly because the entire
section was settled. Some new settler
had his land run OUT by a competent
surveyor, when it was discovered that
none OF the fences were on the right
line, and that large number of build
ings, wells and orchards were on land
that did not legally belong to the per-
sons who had made the improvements.
The cost of adjusting matters, though
brought about by the most amicable
means. was greater than the original
cost of the entire section of land.
Instances of the above kind may no
often occur, but the instances of build
ing division fences several rods from
the true line are very common. Com
paratively few persons who take up a
farm have the land surveyed. They
generally start from some farm that is
inclosed and run out the number of
acres their deed calls for. Many who
know where the true lines are erect a
fence beyond the line because they do
not wish to cut the boards or rails they
are using. Most persons who purchase
improved farms accept the boundaries
that are marked by division fences.
Much of the measurement of land is
done by means of chain or stick which
was never marked by a standard. In
point of fact. most of the measurement
of land is little better than guess-work.
Every person who takes new farm
or who purchases one that has been
occupied would find it to his interest to
have it accurately surveyed before he
proceeds to make improvements upon
it. If several farmers would unite in
having a survey of their land made, the
expense to each would be very small.
The best time to survey land is in the
fall. after the crops have been harvest
ed and most of the other vegetation has
been killed by the frost. It is then
easy to carry chain and there is little
to obstruct the vision. When the sur
vey is completed permanent stone
posts should be erected at the corners
of the sections and quarter sections.
The number of the sections can be easily
marked on them with q stone chisel,
In many sections of the country that
were settled at an early day there was
considerable difficulty in establi shing
the boundary of tracts of land; the ter,
ritory was divided up by different
grants, and in numerous cases the land
granted to one individual overlapped
that granted to another. This gave
rise to much complication and to
numerous difficulties. There were no
settled base or meridian lines. The To-
cation of large tracts of land was desig-
mated by means of lakes, rivers, or
other conspicuous natural objects.
Smaller tracts were described by means
of ''metes and bounds" Deeds often
recited that particularly described
stone or tree was the starting point in
making survey, and that the boun-
Diary ran so many rods in certain di-
rections from it, then turned at such
an angle, ran a certain number of rods,
turned again, and then ran to the place
of beginning.
1t is very easy to ascertain the loca-
ton and boundaries of lots of land sur
veyed by the General Government, and
it seems strange, indeed, that all
fences are not built on the
proper lines. The landmarks made
at the time the land was originally sur
veyed are not generally obliterated, and
should be taken by local au-
thories or property-owners to replace
them with permanent stone structures.
Many farmers are quite as careless
about their title to their land as they
are about their boundaries. They Oft
en- bargain and pay for land without
having any abstract of the title, which
may be very unsatisfactory. They
should not only obtain an abstract of
the title as it appears on the records of
the county, but they should have it
examined by a competent law
yer. Little property changes hands in
q city unless an abstract to the title is
furnished and legal opinion on it OBJ
tanned. In the country, however, it is
no uncommon thing for person to pur-
chase farm and have no other evil
dence of the value of the title than the
word of the seller. He may take
warranty deed, but the person who
gives it may be in no condition to make
the title good if it proves to be defec-
tive, or to make good the loss that has
been sustained.
A person purchasing farm would do
we'll to obtain from the seller all the
deeds by which it has been conveyed.
They are of no value to the former own
er, but they may be of great value to
the present one. In case the public
records are destroyed, they furnish the
best evidence of the title to the proper
ty. It is also well to obtain all the tax
receipts and to carefully file them away.
As new ones are obtained they should
be carefully preserved. It is often the
case that land is sold for the alleged
of taxes that were proba-
bly, paid, and for which receipt was
obtained. The payment of taxes was
not entered on the books of the col
lector on account of negligence or GRIM
inality, but receipt for them will save
the cost of redemption, which is liable
to be considerable.
If farmer mortgages his place he
should take a release when the obliga-
ton is discharged, and have it prompt
ly recorded. These two transactions
should then be entered on the abstract