One of the first modern cases of Adverse Posession involved a JUDGE who saw his neighbor’s land and built a pathway across it. The pathway existed for over a decade, when the judge decided to file a claim against the land. And WON.
He knew the land wasn’t his, but he encroached anyway and was awarded that portion of the land that he “claimed” with the path. It’s crazy.
As for staking, remember these laws go back to a time when there weren’t really accurate surveying methods or tools. A lot of land wasn’t staked/fenced and wasn’t required to be fenced. We’re talking about huge tracts of land.
As for staking...they're monuments...and override bearings and distances, particularly when called for in a deed, so "accuracy" fails...."to the post set...means just that.
As to the judge...yes...some bad folks in the world.
Staking was sooooo common in years gone by. "Stake and stones" was a typical corner circa 1780 in my area along with the blazing of trees.