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To: Poohbah
Aren't we also talking about centuries of continuous use here by a certain family or set of families?

The land buyer should have researched this issue out ahead of time.

Continuously used rights-of-way can have similar results in court.

And old fence lines can take precedence over surveys.

as I understand things in the 'old west' where we live!
44 posted on 12/11/2003 11:23:42 AM PST by Quix (Choose this day whom U will serve: Shrillery & demonic goons or The King of Kings and Lord of Lords)
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To: Quix
Much of the Southwest is under the Spanish "metes and bounds" system, rather than the American range and township system. (One guide: look for old--pre-1821--place names featuring the word "Rancho." That means it was a Spanish land grant, and was done under metes and bounds.)

Metes and bounds surveying is much looser than range and township methods.

Aren't we also talking about centuries of continuous use here by a certain family or set of families?

Exactly.

45 posted on 12/11/2003 11:30:49 AM PST by Poohbah ("Beware the fury of a patient man" -- John Dryden)
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To: Quix
When the Americans occupied Santa Fe, one of the first things they did was drag out the old Spanish records and burn them. Centuries of intricately documented claims were lost. There were also many common law claims because farmers would follow the canals and extend them without patenting the surrounding land. Whites stole much of this developed land simply by filing deeds. The uneducated Mexicans lost thousands of claims.

Lost were claims for grazing rights as far west as the San Francisco Mountains in Arizona and deep into Texaz.

46 posted on 12/11/2003 11:39:18 AM PST by MARTIAL MONK
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