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Legal Definitions - lost corner

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Definition of lost corner

A lost corner in land surveying refers to a specific point that defines a property boundary, where the original physical marker (such as a stake, stone, iron rod, or natural feature like a tree) can no longer be found, and its exact location cannot be determined from existing evidence or reliable records. When a corner is deemed "lost," professional land surveyors must follow specific legal and professional standards to re-establish its position based on other known boundary points, historical survey data, and established legal principles.

Here are some examples illustrating a lost corner:

  • Residential Property Renovation: A homeowner decides to build a new fence along the back of their property. They look for the original iron rod that marked the corner between their lot and their neighbor's, but it's nowhere to be found. Decades of landscaping, soil erosion, and general wear have completely obscured or removed the marker. There are no other clear physical signs or recent surveys that definitively show where that specific corner was originally located.

    Explanation: This illustrates a lost corner because the original physical monument (the iron rod) is gone, and its precise location cannot be determined from readily available evidence, necessitating a surveyor to re-establish it using legal methods.

  • Agricultural Land Sale: A large farm is being divided and sold in parcels. During the new survey, the surveyor attempts to locate a corner described in an old deed as "the large oak tree at the bend of the creek." However, the original oak tree died and was removed over fifty years ago, the creek has shifted its course slightly due to natural erosion, and there are no other surviving markers or clear historical records that pinpoint the exact spot where the original oak stood relative to the property lines.

    Explanation: Here, the natural monument (the oak tree) is gone, and the surrounding landscape has changed, making it impossible to determine the original corner's precise location from the existing description or physical evidence. This requires the surveyor to apply legal principles for re-establishing a lost corner.

  • Urban Development Project: A developer is preparing to construct a new building on a downtown lot. The original survey plat from the early 20th century describes a corner as being marked by "a brass plug set in the sidewalk." Over the years, the sidewalk has been repaved multiple times, and utility work has disturbed the area. Despite extensive searching and even some excavation, the brass plug cannot be found, and there are no other nearby monuments or clear survey ties that can precisely locate where that plug was originally placed.

    Explanation: This is a lost corner because the man-made monument (the brass plug) has been obliterated by subsequent construction and maintenance, and its exact original position cannot be determined from the available records or physical evidence, requiring a surveyor to legally re-establish it.

Simple Definition

A "lost corner" in land surveying refers to a property boundary point whose original monument or marker can no longer be found, and whose location cannot be reliably determined from existing evidence or testimony. When a corner is lost, its position must be re-established through specific legal and surveying procedures, often involving proportional measurement from other known corners.

A judge is a law student who marks his own examination papers.

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