I recently completed a survey on a parcel that I did proportionate distances on the record. A short time later, another Surveyor came out and surveyed the adjoining parcel and did not proportion the distance. He said he thought it was not legal to do so.
I this area, The current record is still from the 1870's. The Section is recorded as being 80 chains x 80 chains. A quarter of a section being 40 x 40 chains. All or most deeds and records created to date have been done in accordance to this old record by Title compaies and others.
A farmer owned the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of the Section. over time, he divided this up and sold it. This was done without surveys and was based upon the old record. Meets and bounds descriptions were written as well as over the same period of time the parcel owners North of this had done the same. The old timers knew of discrepencies in the old section lines, so when they measured to place a fence, they would come from both directions and split the difference.
The old record distance for the quarter described above was 660'. The meets and bounds descriptions made reference to this distance of North 660' both on the point of beginning and another course of South 660'.
When the Section Corners were located and surveyed, the Section was determined to be larger than record. This Quarter was large by about 36 feet. The occupation lines were surveyed and compared with record and the actual surveyed aloquot portion lines of the Section. Occupation matched with the aloquot portion of the Section of which made the distance of 660', to about 669'. Therefore, all descriptions that had distance of 660 feet were proportioned to match actual 1/4 1/4 1/4 aloquot part of the section.
The other surveyor kept record distance of 660 feet and is in conflict with the occupation. Now the owner to the North wants the other surveyors client to buy the property to the fence that I believe he does not own based on my survey. He is my client.
So the question is, "When do you proportion or not proportion a distance?"