I'm looking at a survey of some lake front property - it's a 3 parcels with some MINOR boundary adjustments to clean up some improvement encroachments.... 2.7 acres +/- total for the 3 lots. Originally platted in the early 1950's, the "Highwater" frontage" was approx. 775 feet shown in 5 courses. Today's survey is 88 courses to the nearest second of angle and?ÿ hundredth of distance. 18 of those are between 10-20 feet long, 44 are less than 10 feet long, with 20 of those being less than 5 feet long... the length of the new highwater line now being +/-810 ft in length...... ??ÿ?ÿ I put this in General chit chat to keep it out of the?ÿpublic eye.
Oh. ?ÿMy. ?ÿGoodness.
What. No non-tangent curves??ÿ
now that's funny, is it running a known elevation?
There are lakes in the area that have an elevation as the boundary and most locations have a bench marker be it the top of overflow spillway or some other object and/or gauge at the dam site that is reported to be in relation to M.S.L.
My question to those sticklers at what point is the elevation taken, top of sod, bottom of roots, first trace of dirt, where the rod hits the ground, the point of refusal, just where is it exactly.............
IMVHO, it is actually at the extent of where the water is when it reaches that elevation at the dam, and that is relative and not exact.
Nothing is specified- simply- " the highwater frontage" with an RM set in the lot sidelines at random distance..... survey is dated within the last 30 days....
What. No non-tangent curves??ÿ
don't give them any ideas.......
My! My! My!
I??d be interested to know what the deed calls for. Is it a NGVD29/MSL elevation? If that is the case wouldn??t the specified contour be the boundary? I have delt with properties in the past where this was the case. The US Government owned everything below. The intent was to condemn all property below the flood pool elevation. The original sureyors did not monument all turns and curves in the contour. Instead they monumented reference tangents and referenced the elevation contour interval on their maps and deeds as the actual boundary.?ÿ
Try explaining that one to a property owner who built an RV Garage extending below the flood pool contour.?ÿ
The exact wording of the Deed is important. If it is simply the High Water Line according to the Plat, then the line is defined by the original 5 courses. If it relates to a contour, 88 courses are simply referencing the contour line. The boundary would be wherever the contour line is at that specific location.?ÿThe number of courses used to define a contour could be ridiculously impractical. On the COE projects where I have worked, we would define a contour by painting nearby trees, locate the approximate line, and then the Corp would "best?ÿ fit" ?ÿthe proposed boundary (take) line. The boundary would be somewhat based on a contour, but not exactly.
Technically, to be an expert measurer, one has to not only know the techniques of measurements, but their meaning and appropriateness.?ÿ
Most of the people referred to by the term "Expert Measurer" are, in fact, a fun combination of ignorance in both measurement science and boundary law.?ÿ
Here is a snip of the dedication for the subdivision that includes the 3 subject tracts.
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I suppose that the lines on the original plat were established not as a boundary but rather to calculate areas of the lots fronting the lake which is common. Or that they represent a "staking line" for purposes of lot closure. That may explain why the newer map has so many courses; they (the surveyor) may have been trying to generate the largest (area) number possible, or the longest lake frontage number.?ÿYou don't think that surveyor and the land owner are related somehow??ÿ
- Been there done that and had to plat an abutting subdivision.?ÿ If I recall correctly there where over 50 courses in about 600 ft.?ÿ Following the edge of a pond.
I'm in the process right now- I have a water boundary - a navigable lake - by MT statute ownership is to the low water mark- I'm showing the edge of water on the date of survey- Last December- I had my guy shoot it using RTK- TOPO (5 epochs per shot on the ground) My instructions to him were to shoot it approximately every 20- 50 ft to get the general approximation- only shoot shorter if there is a VERY permanent feature to define, or longer if the shoreline is very even.?ÿ He took 102 shots over a frontage of 4930 ft. I've recomputed it- rounding the bearings to the nearest 15 minutes and the distances to the nearest 5 feet. I'll build a line table for my Certificate of Survey, showing bearings to the minute and distances to the tenth because the Administrative rules here require it, but I'll note my method on my survey, and hope everyone enjoys a breathe of fresh air.....
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