General

Conflict Between Federal and State Laws

PRINCIPLE II Once established, corners of the Public Lands are fixed in their monumented positions but the government may survey or resurvey its public lands as it chooses.

General

Lines As Marked and Surveyed

Monuments

Conclusive Evidence Outweighs the Record

Resurvey

Line Trees and Blazed Lines

PRINCIPLE III: The Court will consider the intent of the parties reconstruction of deed descriptions.

General

Closing Corners

Plats

PRINCIPLE IV: The Plat and the field notes are considered together with, and as part of, the grant (patent) itself.

Original Field Notes and Plat

A. An Original Surveyor's Mistake which is Identified will be Considered by the Courts Toward Placing the Entire Blunder where it Occurred.

Place the Blunder W here the Blunder Occurred

B. CORNERS ARE RESTORED BY THE NEAREST AND BEST AVAILABLE EVIDENCE:

Existent Corner

Obliterated Corner

Lost Corner

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Conclusive Evidence Outweighs the Record

Corner Restoration Fundamentals Conclusive Evidence Outweighs the Record

The actual corner monument, when found and is undisturbed, is paramount; the record (field notes and plat) is subordinate to the monument.

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