Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Records topic
No spam. Unsubscribe anytime.
Boundary survey finds deed discrepancies at Emery cemetery; council to verify title before land swap
Summary
A recent boundary survey found discrepancies between recorded deeds and observed fence lines at Emery’s cemetery; the consultant advised locating the original patent and considering either a narrow neighbor adjustment or a larger boundary-line correction before recording any transfers.
Consultant Kiel informed Emery Town Council on Nov. 12 that a boundary survey of the town cemetery uncovered discrepancies between the legal deeds on record and the physical fence line west of the cemetery.
Kiel said county records do not match the fence and recommended locating the original patent — the first deed of conveyance from the public-land system — before attempting to record any exchange or deed change. “There should be a patent because a patent is basically a deed…from BLM or forest service to another entity,” he said, noting the town must use the recorded patent number to effect transfers and record new deeds with the county recorder.
Council members discussed two corrective approaches: a simple boundary-line adjustment with the immediately adjacent parcel, or a larger boundary-line adjustment affecting multiple parcels in the area to align deed descriptions with lines of occupation and fences. Kiel said a broad adjustment would require signatures across several parcels and more coordination but would more fully align legal descriptions with what is physically on the ground.
Kiel also said the mapping and GIS work to support a grant application can proceed independently of the title work. Town staff agreed to follow up with county offices and the other property owners after government offices reopen to obtain the necessary recorded documents.
Attribution: Statements above are drawn from Consultant Kiel (Speaker 5) and council members in discussion during the meeting.
