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Excess measurement in old subdivision plat.

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(@magoo)
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I hope someone can help. Michigan.Two year old plat of survey in an old platted subdivision, to find boundaries for a lot- was not completed,not certified,no drawing given- but rods with surveyors ID buttons were placed at corners. Is this a legal survey that can be used to Mark the boundary between the two lots without redoing the whole thing??ÿ

 
Posted : August 10, 2019 11:46 am
(@holy-cow)
Posts: 25292
 

Good question. ?ÿHope some Michigan surveyors find this first thing Monday. ?ÿThe legality is a local issue.

 
Posted : August 10, 2019 12:55 pm
(@dave-karoly)
Posts: 12001
 

No, I don't advise it.

 
Posted : August 10, 2019 1:29 pm
(@duane-frymire)
Posts: 1924
 

No.?ÿ Hire a surveyor.

 
Posted : August 10, 2019 2:29 pm
(@a-harris)
Posts: 8761
 

The first question I would ask: Were any properties sold and reference made to that drawing?

 
Posted : August 10, 2019 2:35 pm
(@magoo)
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A: survey lot 61. 1974 B: Property line agreement ,lot 61 & 60. C: Deed of sale for lot 60, in 2014. (Lawyer for agreement and sale is lot 62). As you can see, deed only references original 1942 plat, with no reference to property line agreement. Looks fraudulent to me. I'm lot 59. Surveyor apparently measured from monument set for the line agreement. Sent documents to assessor and asked her to update her records. (Previous assessor never did).
I gave surveyor the copies, but he says that has nothing to do with my boundaries@$$!! That does NOT make sense, lot 60 should have 14' less. RiGhT?

 
Posted : August 10, 2019 3:14 pm
(@magoo)
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Oops!

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Posted : August 10, 2019 3:16 pm
(@magoo)
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I already paid for that incomplete survey two years ago. Neighbor refuses to survey his lot, probably because it'll show a 14' gap, pie shaped,between our properties. Instead,he got surveyor to come out and restake from 2017 measurements. Where's integrity. Not a surveyor, not an idiot.?ÿ

 
Posted : August 10, 2019 3:28 pm
(@dave-karoly)
Posts: 12001
 

@magoo

Generally a lot line agreement does not affect other Lot lines in the subdivision. However, not being there none of us can say for sure what the evidence shows.

 
Posted : August 10, 2019 3:43 pm
(@magoo)
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You mean their lot stays the same size?? After agreeing to take 14' off. I don't get it.

 
Posted : August 10, 2019 3:50 pm
(@magoo)
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They filed at the court house.

 
Posted : August 10, 2019 3:50 pm
(@magoo)
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Dave, the line was moved 14' from the original survey,as evidenced in the 1974 survey.

 
Posted : August 10, 2019 4:03 pm
(@dave-karoly)
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What I am saying is your common corner with Lot 60 would be measured from the original SW corner of Lot 60, not the agreed corner which 60 had with 61 since the owner of your Lot was not a party to that.

Except to say it's usually not that simple...presumably you are somewhere in the middle of the block so a competent surveyor would measure the entire block, not just one Lot corner down the street.

Just glancing at the survey it appears Lot 61 erroneously used the corners across the street.

 
Posted : August 10, 2019 6:42 pm