You know that magnetic north shifts, over time, right? This is where the science of survey, or "boundary retracement", can confuse we ordinary folk. In our practice of real estate litigation and problem solving, this is a recurring topic of investigation.
The concept of "meridian" is generally reference to the North-South axis that forms the basis of a boundary retracement. Think of any map you have ever examined, and recall the compass rose in one of the corners of the document, telling you where to locate North in relation to the drawing. The line along that axis is your meridian, for purposes of that drawing.
But, did you know that the location of magnetic north changes, over time? Because it is based on the earthly location of magnetic north, it shifts. This can create what surveyors call an "error of closure." In short, the ending point of your legal description may not meet the beginning point. How can this happen?
Imagine a non-professional who attempts to prepare a deed description of real property. And imagine further that this person researches all the surrounding deeds, and then borrows the written description of common boundaries (those shared by the property being described, and the neighboring parcels). If the borrowed line descriptions come from different decades, then it is almost certain that the description will not close. It will have a large error of closure that must be fixed.
In this image, the red line depicts the gap between a beginning point, and the ending point of a deed description that was prepared by a non-surveyor, using data borrowed from a range of deeds, from the 1800s to the 1970s. This created a divisive dispute among several neighbors about rights to use a shared driveway, shown running through the middle of the red line. This is a very common dispute in our legal practice of real estate and property law.
For example, if magnetic north has shifted 5 degrees over a certain time, the angles and calls of the new deed must account for this. This adjustment is needed if the mismatched lines are to close. It's the geometry calculations you hated to do as a student.
Why is any of this important to you? Well, many of the lawsuits and neighbor disputes that arrive in our law office are based on this common misunderstanding about surveys and boundary retracement. Fights about easements, access, and building locations spin out of control where the parties simply do not understand that their deed descriptions, in whole or in part, may simply be poorly drafted.
With the help of our experts, we might help resolve your neighbor conflict, with or without litigation. It all begins with an understanding of true north.
