Legal Definitions - existent corner

An existent corner refers to a specific point on a property boundary that can be physically located or reliably re-established based on evidence of its original position. In land surveying and property law, a "corner" marks where two boundary lines meet. An "existent corner" means that this boundary point is not merely theoretical but has a tangible presence or can be accurately reconstructed using surveying principles, physical markers, and historical records.

This concept is crucial for accurately defining property lines, resolving boundary disputes, and ensuring that land descriptions correspond to the physical reality on the ground.

• Example 1: Physical Monument Found
  Imagine two neighbors, Mr. Henderson and Ms. Chen, are trying to determine the exact boundary between their backyards. A professional land surveyor is hired and, after reviewing old property maps, discovers an original iron rod embedded in concrete at the precise location where the property lines are supposed to meet. This rod matches the description in the historical survey documents.

  How it illustrates the term: The iron rod is an existent corner because it is a physical, identifiable marker that directly indicates the original boundary point on the ground. Its presence makes the corner's location clear and verifiable.

• Example 2: Re-establishing a Lost Marker
  A city is planning to build a new park and needs to confirm the boundaries of a large, undeveloped parcel. One of the original stone monuments marking a corner of the parcel was removed or destroyed years ago during road construction. However, the original survey plat precisely states that this corner was located exactly 50 feet east of a distinctive, large oak tree and 30 feet north of a specific, permanent rock outcropping, both of which are still clearly visible and identifiable today.

  How it illustrates the term: Even though the original stone monument is gone, the corner is still considered existent because its exact location can be reliably re-established using the durable physical features (the oak tree and rock outcropping) and the precise measurements provided in the original survey. The corner's position can be accurately reconstructed.

• Example 3: Historical Evidence and Witness Trees
  A conservation group is purchasing a remote forested tract. The original 1890 government survey describes one corner as "a large granite boulder, with two blazed pine trees, 12 feet to the north and 18 feet to the east, respectively." While the blazes on the trees have long since disappeared, the large granite boulder is still present, and the stumps of two very old pine trees are found in the described positions relative to the boulder.

  How it illustrates the term: The granite boulder, supported by the evidence of the old tree stumps and the detailed historical survey description, serves as an existent corner. It allows the original boundary point to be identified and confirmed, even if the original "witness" marks on the trees are no longer visible.