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​Frank and Gayle Marek Owned Property Adjacent to Property Owned

Question 99

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​Frank and Gayle Marek owned property adjacent to property owned by Earl and Sandra Lawrence. The two couples disputed where the boundary lines between their two properties were located. Both couples had title to their property described through deeds that used the government survey in their description portions. The dividing line between their properties in both deeds was described as "the section line dividing Sections 26 and 27." However, the two couples disagreed as to where that line actually was because most people assumed that Three Bear Road was the dividing line, and Three Bear Road did not run along the section line. The court relied on testimony about the assumed boundary line to establish the correct dividing line between the Mareks and Lawrence properties. Was the court correct to do so? Explain why or why not.

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​The court held that a government survey...

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