Legal Definitions - obliterated corner

An obliterated corner in land surveying refers to a point that marks a property boundary or a division of land, where the physical marker originally placed to identify that point has been destroyed, removed, or can no longer be found. Despite the absence of the original physical monument, the exact original location of the corner can still be determined with a high degree of certainty using other reliable evidence. This evidence might include historical survey records, maps, testimony from individuals who knew its location, or other surviving physical features that were referenced in the original survey.

Here are some examples to illustrate this concept:

• Example 1: Physical Monument Destroyed During Construction

  A construction crew is excavating a site for a new commercial building. During the process, an old, rusted iron pipe that served as a corner marker for two adjacent properties, as documented in a 1920s survey, is accidentally dug up and discarded. While the physical pipe is gone, the original survey plat clearly shows its position relative to a large, distinctive boulder (still present) and the corner of an existing building. A new surveyor can use these surviving references and the original measurements to precisely re-establish the corner's original location, even though the original marker is no longer there.

  This illustrates an obliterated corner because the original physical marker (the iron pipe) is destroyed, but its exact original position can be reliably determined from other existing evidence (the boulder, building corner, and historical survey records).

• Example 2: Natural Monument Lost to Time

  A property deed from the 1800s describes a boundary corner as "the base of the ancient oak tree at the confluence of two streams." Over the centuries, the oak tree eventually died, decayed, and was completely washed away by floods, leaving no physical trace. However, historical maps from the early 20th century, along with old photographs and the consistent testimony of long-time local residents, all confirm the precise location where the oak tree once stood relative to the enduring stream beds. A surveyor can use this collective evidence to pinpoint the original corner.

  This is an obliterated corner because the natural monument (the ancient oak tree) is gone, but its original location can be accurately reconstructed using historical documentation and reliable witness accounts.

• Example 3: Urban Development Covering Markers

  In a bustling city, a property line was originally marked by a small brass disk embedded in the concrete sidewalk. Over several decades, the city undertook multiple infrastructure projects, including repaving the sidewalk and installing new utility lines. The original brass disk was either removed, buried under new layers of concrete, or paved over. Despite its disappearance, the city's public works department maintains detailed "as-built" drawings from these projects, which precisely document the disk's location relative to permanent features like building foundations, fire hydrants, and manholes that are still visible today.

  This demonstrates an obliterated corner because the physical marker (the brass disk) is no longer visible due to urban development, but its original position can be precisely re-established using official historical records and existing permanent structures.