Come on man!!
Maybe I'm a little slow on the uptake here, but the way I read that bolded sentence is that the property line begins at the stake, which is five feet east of the oak tree that existed at the time of the writing.I know there are a couple of you all out there that are surveyors and such. General question before I go pissing off my neighbor, who happens to be the big dog in our small community. My deed says, and I quote, "Beginning at a stake 5 feet east of a large red oak tree in the north margin of a gravel road".
I know where the tree is located and my question is simple: as this is a rather old property, the tree has grown quite a bit. Such growth, especially from oak trees that can have diameters measured in feet, can obviously affect property lines. What is the common method for surveyors to start a survey with this type of boundary? Is it from the middle of the tree or from the edge? The middle would seem to be the most fair, as that doesn't change the size of the property...but what do I know?
I ask, because Johnny Rich Guy next door had the gumption to tell me that the fenceline between our two properties wasn't the actual border. The previous owner of the farm (a widowed lady who is still a fireball) had some choice words when I told her that and tried to find the survey she'd had done years ago, but could not. She doesn't care for the guy, and oddly enough, neither does anyone I've talked to. He's the big-wig lawyer in our county and likely owns more land than any other single individual here. I'm doing some basic maintenance around the farm, which includes trimming brush and trees back to the fenceline. Of course, he's the kind of guy to make a legal issue out of it and I'm trying to make sure I'm good before I good running around, lol.
Wouldn't the stake be what is marking the property line and not the tree?
I've never been through a property dispute but it would seem odd to use a tree as a marker of a property line when a tree can be cut down, its stump ground out, and grass growing in that same spot in no time at all.
Is Rockefeller trying to contest ownership of the ground the fence is on?