Evening star. [volume] (Washington, D.C.) 1854-1972, 1935-07-07
U. S. Surveys and
Line-Fence Cases
By Frederic J. Hdskin.

ample experience in fighting old
fashioned lne-fence cases. In this age
of specialization when lawyers familiar
ize themselves chiefly with particular
angles Of special aspects of the law, the
oldSchool line-fence lawyers of the Lin
coin type occupy lonely position. But
they are proud of it. They are van
ishing race.
There has come, however, a new de-
velopment. 1t may have the effect Of
giving the final death blow to the
brotherhood, or it may conceivably, start
a whole new cycle of such litigation.
The United States Coast and Geodetic
Survey has worked out a system where
by private property lines may be based
on the fundamental surveys conducted
under authority of the Federal Govern
ment itself. The United States Coast
and Geodetic Survey starts at the Jump
ing Ion places of the coast line-indeed
even before one reaches the coast line
and then maps the country both hori-
zontally and vertically from those points.
With so authoritative basis it might
seem that all argument would be con-
strained to cease and that no private
property holder could set up a conten-
ton in its face. But the type of land
owner who goes to law over a line fence
will fly in the face of Providence itself.
and this very Strengthening out Of the
national meteS and bounds may precipi-
tate well nigh endless litigation. If one
freeholder hooks his boundaries to the
Federal surveys there is strong chance
he will come into conflict with his
neighbors and if they are the having
kind, there the trouble will start. Only
by universal acceptance in the first
instance OF the immutability of the Fed
eral surveys can new cycle of line
fence cases be averted.
An example of what may happen is
furnished in the discovery Of Herbert
Hoover, made when, as President of the
United States, he purchased a wide
spreading tract of land in the Virginia
hills on the banks of the Rapidan. Had
not Mr.. Hoover been himself an engi-
neer, it is doubtful whether he would
have made his discovery BY making
some trial surveys Of his land himself,
just to keep his hand in on brief holi-
days, he discovered the amazing fact
that whoever had run the lines on which
his boundaries were based utterly
ignored the matter Of topogra ply.
Up Hill and Down Dale.
Now it is as simple as A B C that IN q
billy country this does not give an
accurate measure Of distance because OF
the vertical distance involved. To make
an accurate survey one must measure
absolutely on the level. When running a
course up hill, the surveyor must lift
the lower end of his chain, dropping
plumb line to his last point, and sight
on the level forward. On steep hill
this must be done every few feet.
Otherwise the distance run will be in
accurate.
The surveys on which Mr.. Hoovers
deeds were based we're made on the
undulant not the level. method The
surveyor merely laid his chain on the
ground and surveyed merrily up hill and
down dale. The result is that Mr..
Hoover would be in position to insist
on the full measure his deeds called for.
Obviously this would have the effect OF
giving him much longer boundaries. 1t
would be like taking the knots out of
piece of string. The string would ex-
tend farther. Equally obviously, this
would result in Mr.. Hoovers claims
overlapping the claims OF his neighbor-
ing property owners.
Inasmuch as great deal Of this type
of surveying seems to have been done
in Colonial America. it is easy to see
that enough line-fence cases to stuff a
hundred court houses could be brought.
This. of course. applies chiefly to the
older States and to the lands taken
over from the French and Spanish.
There are thousands of property owners
in tho nl6pr roOiO11c u-I, ~
to the original English and Spanish
grants and, in some cases, are based on
the surveys made in those days.
Thousands of deeds describe a given
property as for example. beginning at
a black oak tree with u notches. thence
so many degrees and minutes north and
so many degrees and minutes east TO
a moss-covered rock" and so on
for many courses. Many courses follow
streams. which may have altered their
beds over the years In the East it was
customary to dig bitches to mark bound
airy lines. The tenacity of these is
remarkable. There are line bitches me-
andering through Maryland and Vir-
ginia woodlands 200 years old, which
still can be traced and which still are
used as boundaries In many cases.
these bitches were dug through fields
and the forest has grown up over them.
The chances of error, it will be seen.
are large in any such set of circum-
stances. Instruments we're not so accur-
rate in Colonial days as they are now.
and while there have been no changes
in the laws of surveying mathematics.
some of the Colonial surveyors may have
been occasionally in error.
Many TrianguIation Stations
What the Coast and Geodetic Survey
has done is to establish triangulation
stations so that the engineer or sur
veyor can readily relate his courses back
to the fundamental meteS an0 bounds
of the Nation. The Survey has been at
this work for many years. but the task
of mapping the entire Nation is so large
that it is only recently that the triangu-
lation stations have been multiplied to
the extent of having practical applica-
ton to private property surveying. Even
now there are many sections Of the
country not yet served, but also there
are whole regions where the local sur
veyor cannot get more than 10 or IL
miles away from station.
Surveying is one of the most highly
technical of arts, and no attempt will
be made here to go into description of
the systems of triangulationS, ira
verses and plane co-ordinates which the
Survey has set up. But the engineer
and surveyor will comprehend them.
These basic lines of the Survey have
for years been used in laying down in
ternational boundary lines, State and