Tyson v. Edwards

433 So. 2d 549
CourtDistrict Court of Appeal of Florida
DecidedMay 12, 1983
Docket81-949
StatusPublished
Cited by17 cases

This text of 433 So. 2d 549 (Tyson v. Edwards) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tyson v. Edwards, 433 So. 2d 549 (Fla. Ct. App. 1983).

Opinion

433 So.2d 549 (1983)

C.Y. TYSON, a/k/a Chester J. Tyson, and Eleanor A. Tyson, Appellants,
v.
Robert B. EDWARDS, et al., Appellees.

No. 81-949.

District Court of Appeal of Florida, Fifth District.

May 12, 1983.
Rehearing Denied June 21, 1983.

*550 R. Stephen Miles, Jr., of Miles & Cumbie, P.A., St. Cloud, for appellants.

David M. Landis of Lawrence, Griffin & Landis, Orlando, for appellees.

COWART, Judge.

When there is a discrepancy as to the location of the boundary of a surveyed lot of land between the monuments placed on the ground by the original surveyor and the written plat of that survey, which controls?

Long ago a large number of government sections of land were subdivided by the Narcoossee Farm and Townsite Company with each government section of 640 acres generally divided into 64 square lots of about 10 acres each less roadways and with some irregular lots caused by lakes and the prior subdivision of adjoining lands. In this scheme, of course, the section lines and quarter section lines would appear to fall on lines between lots or in the center of roads. However, the plat shows many undimensioned lines and the exact location of the government sections are not shown.

The boundary line dispute here is between the south line of Lots 32 and 33, Section 5, Township 25 South, Range 31 East, according to the New Map of Narcoossee as filed and recorded in Plat Book 1, Pages 73 and 74, Osceola County, Florida (which lots are owned by appellants), and the north line of Lot 24, Section 8, Township 25 South, Range 31 East, according to the same map (which lot is owned by appellees). The east-west boundary line in dispute (between Lots 32 and 33 to the north and Lot 24 to the south) is shown on the New Map of Narcoossee to be an east-west extension of the same boundary line which, across the road and to the east, is the south line of Lot 14 (Section 4) and the north lines of Lots 1 and 2 (Section 9). Lots 1 and 2 (Section 9) as well as the lots south of them (Lots 20 and 21, Section 9) were actually platted and occupied before the New Map of Narcoossee was made. However, the north boundary of Lots 1 and 2 was originally located, occupied and fenced on the ground at a point now established to be 380 feet north of what is now recognized as the true location of the section line between Sections 4 and 5 on the north and Sections 8 and 9 on the south. Of course, according to the plat of the New Map of Narcoossee the north boundary of Lots 1 and 2 would appear to be the section line between these sections. Likewise, according to the same plat, the lot boundary line in dispute in this case would appear to be the same section line. Owners of the next 5 lots north of Lots 1 and 2 as well as other lot owners in the subdivision, including appellees' predecessors in title took occupancy according to the occupancy of Lots 1 and 2, all being 380 feet north of their location as measured from what is now recognized as the true location of the section line. The result of this was that the location of many lots, as established by ground monuments and actual occupancy, was moved north and two odd-shaped double sized lots (Lots 9 and 16, Section 4) located about three-fourths of a mile north of the line disputed in this case and acreage immediately north of lots 32 and 33, was squeezed or shortened by the 380 foot difference between the location of the property lines on the ground and their paper location if located solely according to the New Map of Narcoossee and the now known and accepted location of the government section line.

The difference between the location of the disputed lot boundary as shown by the plat and as it was established on the ground by monuments and occupancy is illustrated by the following sketch:

*551

Therefore, it is obvious from the undisputed facts in this case that, as to many lots in this subdivision, including those in question, there is a 380 foot north-south discrepancy between where, from the plat, it is apparent that the original surveyor intended lots to be with relationship to the true location of the government section lines in this area between Sections 4 and 5 to the north and Sections 8 and 9 to the south, and where the original surveyor actually laid out and monumented the boundaries of these lots on the ground. It is further obvious that at least some of the lot owners who subsequently purchased lands by reference to the plat took occupancy according to the monuments on the ground.

In this case appellants claim to a lot boundary line that is correct according to the apparent intention of the original surveyor and appellees claim to a lot boundary line that is consistent with lot lines established by the original surveyor on the ground and occupied by owners. Thus, a classic boundary line question is presented. Technically the question is:

Where an original surveyor subdivides and lays out boundaries of parcels in a tract of land which has theretofore existed as a single unit and runs lines and places monuments establishing the location of the subdivided parcels or plots or lots on the ground and the surveyor draws a plat of survey or written map of his work which is recorded and subsequently one or more parcels are conveyed by deed describing the parcels according to such plat of survey and some parcels are sold according to the plat but purchasers take actual possession according to the survey as monumented on the ground and there is a discrepancy and conflict between the location of parcels as located by the original survey on the ground and as they are shown to be located according to the recorded plat, is the correct legal location of a particular parcel *552 as it was actually originally located and possession taken on the ground or is it as can now be located by following only the intent revealed by the recorded plat?

More simply put the question is:

In the event of a discrepancy as to subdivided land lot lines, do you go with what the original surveyor intended to do as shown by the plat or do you go with what the original surveyor did by way of laying out and monumenting his survey on the ground?

Surprisingly, because of surveying principles based on established surveying practices, the correct answer is that what the original surveyor actually did by way of monumenting his survey on the ground takes precedence over what he intended to do as shown by his written plat of survey.

The difficulty with the problem is that the role and practice of the surveyor and his function in solving a surveying problem of the type in this case is misunderstood. Lawyers, architects and design engineers are accustomed to achieving objectives by first conceiving of abstract ideas or plans, then reducing those ideas (intentions) to paper, and then using the written document from which to construct a physical object or otherwise tangibly achieve the original goal as written. When this is done, the written document is always considered authoritative and any deviation or discrepancy between it and what is actually done pursuant to it is resolved by considering the deviations and discrepancies as being defects or errors in the execution of the original plan to be corrected by changing the physical to conform to the intention evidenced by the writing. In only one situation does the surveyor play a similar role and that is when he, in the first instance, lays out boundaries in the original division of a tract which has theretofore existed as a single unit. Thereafter the surveyor's function radically changes.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

William E. Jones and Janet M. Jones v. Marsha C. Morris
District Court of Appeal of Florida, 2025
Beckham/Tillman v. Bennett
118 So. 3d 896 (District Court of Appeal of Florida, 2013)
Wohl v. City of Missoula
2013 MT 46 (Montana Supreme Court, 2013)
Andrews v. Barton
974 So. 2d 1144 (District Court of Appeal of Florida, 2008)
Brevard County Fair Ass'n, Inc. v. Cocoa Expo, Inc.
832 So. 2d 147 (District Court of Appeal of Florida, 2002)
Petryni v. Denton
807 So. 2d 697 (District Court of Appeal of Florida, 2002)
Collier v. Parker
794 So. 2d 616 (District Court of Appeal of Florida, 2001)
McGhee v. Young
606 So. 2d 1215 (District Court of Appeal of Florida, 1992)
Force v. Allison
588 So. 2d 997 (District Court of Appeal of Florida, 1991)
Brinson v. Shimp
574 So. 2d 1105 (District Court of Appeal of Florida, 1990)
Rivers v. Lozeau
539 So. 2d 1147 (District Court of Appeal of Florida, 1989)
Adair v. Hightower
512 So. 2d 982 (District Court of Appeal of Florida, 1987)
O'Berry v. Gray
510 So. 2d 1135 (District Court of Appeal of Florida, 1987)
Vandegrift v. Vandegrift
477 So. 2d 638 (District Court of Appeal of Florida, 1985)
Mitchell v. Nichols
458 So. 2d 427 (District Court of Appeal of Florida, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
433 So. 2d 549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyson-v-edwards-fladistctapp-1983.