Ah yes, I see now. I have not worked with these mortgage certificates yet but they sound like a joke.
Anyway, it looks like the first surveyor submitted something that wasn't particularly accurate even in the realm of mortgage certificates so I suppose that's where the client ought to place the blame.
FWIW
I know of at least two instances where a house was modified after construction, in order not to encroach on a power easement.
Consider a $2 million dollar house, and cutting off 2 feet. If I remember correctly there wasn't a kitchen, but there was at least one bathroom. It was completely finished before it had to be truncated. Paint, carpet, and everything else completely done.
Then, A FRIEND OF MINE decides a survey isnt needed and eyeballs his $1.5 million spec house from street mons. He ended up cutting the corner off the thing. At least that one wasn't all the way finished. I didn't even know what to say to him. (I probably just called him a dumb@$$.)
?ÿ
They did them here in the 70's and 80's, but now they are never done. I know title insurance will write location coverage out of the policies, I don't understand how mortgage holders resolve it. But it seems to work, I'm glad they are gone. Maybe the guys who do that type of work will find the business model gone one day.
Here's another question for you guys....I've always used the wall footprint of the house to determine house location.?ÿ While the footprint is into the UE 1.8' the overhang of the house encroaches an additional 2.5'.?ÿ Would you guys consider the overhang an encroachment of the house as well?
The mentioned offsets usually quote as per the location of a building's exterior wall placement.
Gonna have to look deeper into the local requirements and possible zoning and HOA desires and regulations to answer your question.
Around here the regulated building setback is measured to the foundation wall which is where it is staked. As-built, we locate the most exterior point on the siding corner, usually not the foundation. Eaves and overhangs typically extend 1.5' into the setback in many places but not all so you do need to know the rules for where you work. No part of a structure is allowed inside an easement unless specifically mentioned in the document that created it.?ÿ
I always thought setbacks were to the eave not to the building wall. Shows how much I know.