The Montgomery advertiser., 1909-12-05
Authority of County surveyors.


 Greensboro Watchman.
 The article which follows was writ ten by one of the ablest lawyers in Al-. abama. and the statements in regard to the subject he treats may there fore be taken as the proper con struction of the law. It Is an article that win be of much interest to land owners. and should be cut out and il- ed away for future reference.
 Editor Yerby: There are very few legal principles in which our farmers and land owners are more interested in than those which relates to the per- manent establishment of the boundary lines of their farms, and purchases of land. With some, the idea prevails that the last line run by county sur veyor prevails and fixes the line. Some surveyors seem to think this too. These persons overlook the fact that other and former county surveyors had as much authority to run and es- ta6lish lines as the present county ors have the authority ciaimed-where former surveyors run lines--those lines have been equally established and concluded.h Ftz --s<4
 The rule Is thls: If a line is run betwen two or more land owners by any authorized surveyor and line thus run Is known to both parties and Is as-
 
 upon as the proper boundary line be- tween them. whether the line be ac- curate or not, no future surveyor nor | no purchaser of land from either of these parties can ever change that boundary line. When 1t becomes an accepted line. agreed to-. the line is final One purchasing land bounded many acres as his deed calls for. but | he cannot cross that established line, and make his neighbor make good the deficiency. He must go to his vendor for the deficiency.
 The law holds that courses and dis.- boundaries. Courses" means the di- rection or angle the surveyor may chains or yards he may go, '.monu-- mental boundaries" are physical mark--as old fence rows. 9 ditch, a branch. a notable tree, post, old turn rows or hedges and such. Whenever one person puts up fence, or cuts | ditch. intending and claiming 1t to be on the dividing line, this fact is evidence as to him, that he claims to that fence. or ditch. and no further. IT the adjoining owner knows these facts and claims and makes no objection and assents to the claim the line thus considered will ripen into an agreed line.
 When two adjoining owners-one cultivating land on one side Of fence, hedge or turn row, claiming l CT cultlvates up to the same division on the opposite side, claiming that as his, and neither setting up any claim on the opposite side, each rec ognizing by their acts for many years. the division as correct. and neither | making any qualification of such claims, courts and juries are autho- rized to conclude 1t as agreed line. 1 In some states. after twenty-one ! years, such conclusion is absolutei and period of thirty or forty years would preclude any other conclusion. | In all cases. and I believe everywhere surveyors are expected to consider l monumental marks, as above stated, in running lines. A surveyor has no | more authority to take one mans land 1 from him and give it to another than | to take one mans horse and turn 1t over to his nelghbor.
 The rules above stated have often been declared in Alabama. and In al- most all the States In the Union. NO | person would be secure in the boun- daries of his land if they were sub ject to change by every new surveyor So much useless and expensive It, | igation Is engendered by failure to know the elementary principles whicn apply to surveyors. l concluded to | prepare a brief statement of the law | as I understand it.