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I just received the survey for a property I am in the process of purchasing. For the bottom SE corner there are two rods about 10 feet apart. One is a set rod and the other is a fnd rod.
How do I know which rod marks the property line? The other corners have set rods for the markers. There is a fence on the property that lines up with the fnd rod. The fnd rod is further away from my house than the set rod. My concern is if it is the closer rod than the fence is wrong and to redo the fence there would be no room to walk next to the house.
I assume you are talking about your physical inspection of the property and not the written survey here. When in doubt, check the survey and legal description and see which marker they refer to - either IRS or IRF (typically).
I will second contacting your surveyor. As part of my practice I will make very possible effort to walk the boundary with the property owner and identify the corners so the owner understands the map better.
As for the pin found...I would venture a guess that the surveyor found a pin that was used to calculate the location of a missing pin (hence the one that was set) and not the found pin on his plan to support his calculations.
In our state, what matters is the legal description, and that survey would show the actual actual lot dimensions based upon the legal as well as any found corners posts. If they are too far off then there are state laws that govern how a surveyor may move the found rods.
According to multiple supreme court rulings.....your statement is partially incorrect. The existence of the boundary is a matter of fact based upon evidence. The recorded legal description is just one piece of evidence that can be used to locate the location of the boundary. The rules of construction place higher evidence value on monuments (both natural (a stream centerline) and artificial (an iron pin)) than on the legal description. Each survey is different and special in regards to what it takes to develop harmony within the law and neighborhood.
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