Family Partitions

Dividing Land That's Stayed in the Family

Ranch and rural land is frequently held by a family for generations before it's divided among siblings, children, or heirs. A family partition survey establishes new, legally sound boundary lines within the larger tract so each owner receives a distinct, clearly described parcel. Because the original tract was often surveyed decades (or a century) ago, this work starts the same way any boundary retracement does: research first, then fieldwork.

Why Ranch Boundaries Are Different

Rural boundaries frequently predate modern surveying, so the surveyor must reconstruct the boundaries using historical deeds, adjoining property descriptions, and monuments found in the field, which are often scarce on large acreage. Texas boundary law gives priority to the best evidence of where the original surveyor actually intended the lines to run. This can mean an old stone mound or an old buggy axle controls over the bearing or distance in the deed.

We frequently have to apply junior/senior rights when there are discrepancies between the recorded descriptions of the subject tract and its adjoiners in order to determine where the true boundary is located. Sometimes this requires us to research back several decades to determine where the error originated.

What a Family Partition Involves

Boundary research in order to be able to retrace the boundary lines
Fieldwork to locate boundary monuments, fences, water wells, electric lines, and evidence of access to the property
Plan the location of the division lines that accommodate the wishes of the decision makers
The drafting and review of a plat depicting the partition along with metes and bounds descriptions
Coordination with your attorney on any issues or concerns discovered while preparing the survey.

Some Common Issues

We commonly discover title issues, particularly when preparing surveys of ranches that have been in the family for a long time. Some of the more common issues revealed by a current survey include:

Access issues. Missing easements or easements that are so close but fall a little short
Encroachments. Due to prior common ownership, sometimes improvements straddle the boundary line
Unlocatable Legal Descriptions. Descriptions that were poorly written and cannot be located on the ground

Why Searchers

Searchers is experienced and digging through the research and comparing the facts with the law to resolve issues that may arise. If there are issues that cannot be resolved by a surveyor alone, we can work with your attorney to cure the problem so that future generations can rest assured that they will not have to worry about fighting with neighbors. Searchers has three Registered Professional Land Surveyors with extensive experience solving tough boundaries throughout the Hill Country.