World Fence News

October 2017

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48 • october 2017 • world fence news THE HUMAN LINK by Jim Lucci Management Motivational Associates For this month's column, I have been asked to address some issues surrounding property lines and the determination process that can be used when there is uncertainty about where they lie. We'll talk about some basics that will hopefully educate newer contractors and serve as a re- fresher for the more established ones. But remember, these are guide- lines only, and all property boundary disputes must be resolved under the laws and regulations in effect for the area where the property is located. For the most part, fence contrac- tors are up front in pointing out in their contracts that the responsibility for identifying and verifying prop- erty lines belongs squarely with the residential, commercial or industrial customer. In order to reinforce this point, I generally recommend that, prior to starting the installation process, the contractor get a copy of the plot plan or final survey or deed description from the customer, particularly if he or she is the actual property owner. While this might not always be practical, it should be requested with the signing of each contract and cov- ered in the verbiage of the contract. At this point, I want to briefly touch on some thoughts regarding deed descriptions. Keep these in mind if you receive one and are going to be using it. First, the only way to locate legal boundaries is to obtain a deed de- scription or a registered survey map that accurately includes angles and distances for each boundary line. Many deeds contain only vague descriptions of corner markers and abutting lands. This type of deed, referred to as a "metes and bounds" survey, may give boundary descrip- tions according to streams, old trees (or tree stumps, as in a deed my wife once held for some country property), rock walls and/or roads that almost certainly have changed over the years. On some properties, the corners may be clearly marked, or long-time residents may be able to help deter- mine corner locations. Surveyors often use wooden stakes for reference purposes during a survey; however, the wooden stakes do not necessarily mark a corner. With some experience, you will be- come familiar with the types of corner markers that are used in your area, and the identifica- tion process will become easier. I feel that the next logical point we should touch upon is the measur- ing of distance. Over the years, I have watched crews walk off distances, with some interesting results. While the job always got done, there was always somebody who went too far or "didn't take into account" one thing or another. Here are a few thoughts about measuring horizontal distance. All maps and surveys express the distance between two points as hori- zontal distance, measured over a level area. When establishing horizontal distance on the ground, it is necessary to correct for slope. To measure level distances, a measuring tape (usually 50 feet or 100 feet) or wheel, or the predetermined length of a step or pace, are what are Are you going over the line? A discussion regarding property boundaries generally used. Some of you might even use laser measuring devices. As an aside, measurements which require a high degree of accuracy should be made with a tape and should be conducted over horizontal, not sloped, distances. (But you already knew that. Just jogging the memory!) The length of your step can be determined by walking with a nor- mal, comfortable stride for 20 paces on a straight line, then measuring the distance and divid- ing that distance by the number of steps. This process should be repeated three times to determine the length of one's average step. While you may not have to be that exact, this method could prove helpful if you don't have a measuring tape with you. Now I am going to return our at- tention to the subject of locating prop- erty lines. Some property lines have been marked permanently with such land- marks as stone walls or fences. Al- though these boundaries may seem obvious, the actual boundary line might be some distance to one side or the other of the physical structure. Therefore, do not assume that the landmark is the actual boundary until you have definitively established that it is. In other instances, portions of walls or fences may have been re- moved, or the wall or fence may never have been completed to the corner of the property. Occasionally, properties have been divided, and individual cor- ner points must be established. And sometimes, no conclusive evidence of a boundary line exists. Here is a technique that might be helpful in locating boundary lines: Locate a beginning point corner that you are sure is accurately marked and run a test line from this corner to the next corner by pacing or taping along the appropriate bearing for the dis- tance indicated on the deed or sur- vey map. Then mark the test line at intervals with plastic flagging, strips of cloth on sticks or other non-perma- nent kinds of markers. When you reach the end of the measured distance, you should be in the vicinity of the corner marker you are seeking. When you locate what you believe is a corner, mark a line from this corner back to your begin- ning point. Do not mark any bound- ary lines permanently until you are certain they are located correctly. While I realize that, generally speaking, there are few times that a fence contractor would be called upon to assist in clarifying existing markers or fence corners that are not obvious due to the passage of time, the reali- ty is that occasions do present them- selves where you will need to have certain knowledge to correctly locate a fence, particularly in those situations that are often found in rural locations. With the appropriate deed de- scription or survey map, and in some cases with appropriate measuring equipment, you may be able to satis- factorily locate the property bound- aries. Complicated deed searches, errors in past surveys, or improperly placed markers (or markers that have been deliberately moved) can result in hours of fruitless and frustrating labor, to say nothing of the expense continued on page 50 Over the years, I have watched crews walk off distances, with some interesting results. While the job always got done, there was always somebody who went too far or "didn't take into account" one thing or another.

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