Common Usage

Under special conditions a corner location can be accepted by common usage of a point.

Frequently highways or fences are located along section lines. Where a road or fence has been commonly accepted as the section line and there is no evidence to the contrary, the road or fence is the section line by common report. In the absence of other means, an obliterated section corner can be restored at the centerline intersection of two such roads or intersection of fences which are commonly reported as being the section lines in question. It is far better to accept a long-standing fence corner commonly accepted as the section corner than to try to establish a different position by proportionate measurement.

The acceptance of corners which are commonly agreed upon by the adjacent landowners often avoids disturbing the local conditions.

Caution: The custom of the area concerning how the fence lines were established and the value of the land should be considered.