Here is the scenario.?ÿ Multiple tracts of land along one side of a road have come into existence over the past eight decades.?ÿ That is, eighty years ago there was a single tract.?ÿ Today you discover your tract says it begins 1000 feet north of the southwest corner of the parent tract.?ÿ The adjoiner to the south begins 850 feet north of the same point and runs north 150 feet.?ÿ The adjoiner to the north begins 1243.91 feet south of the northwest corner of the parent tract and runs south 150 feet to what should be the north line of your tract.?ÿ You find some old surveys (over 60 years ago) showing a couple of the tracts further to the south of your tract and all commencing at the southwest corner of the parent tract.?ÿ You also find some old surveys (over 40 years ago) of a couple tracts to the north of your tract with descriptions commencing at the northwest corner of the parent tract.?ÿ Your search for monuments results in roughly one third being found, with some apparently bent or leaning.?ÿ You also discover the west line of the parent tract is 8.3 feet longer than the sum of all lot measurements listed on the deeds.
What are the first five steps to consider before attempting to set monuments around your tract?
1. Find the southwest corner monument of the parent tract.?ÿ
2. Find the northwest corner monument of the parent tract.?ÿ
3. Set on the southwest corner measure on line towards the NW corner 850' and 1000' setting monuments.
4. Set on the 850' monument turn 90, measure out record and set the southeast corner.
5. Set on the 1000' monument turn 90, measure out record and set the northeast corner.?ÿ
Five easy steps no need to make such a simple survey complicated and you're finished.
Collect your fee.?ÿ
1. Measure everything found including occupation.
2. Since this appears to not be a simultaneous subdivision, research order of creation of parcels and precise wording of original deeds.
3. Using that information, decide how to distribute the excess.
4. Stake out and monument.
5. Record survey.
Hard telling if these were conveyed simultaneously from the information provided but if they weren't then there wouldn't be a distribution of the excess.
Kind of looks to me like Mr Cow might have done more digging than was necessary for this project.?ÿ ?????ÿ I'd be curious to see the deed of the subject parcel first and foremost.
The catch you see is that the tract immediately to the south was measured from the south but the tract immediately to the north was measured from the north.?ÿ Your boundaries should conform to their boundaries, otherwise there may be an 8.3 foot strip of No Man's Land.
One also needs to evaluate where the old record surveys of certain other tracts were placed, whether pro-rated or not.?ÿ Also the ability to measure to the length of a gnat's penis was not available 40, 60 and 80 years prior.?ÿ There are more than 25 tracts that have been created (usually on a kitchen table with a pad and pencil) out of the parent tract.?ÿ Can there be only one correct answer for each tract??ÿ If so, does it matter which tract you are working on today??ÿ How would your opinion change on a solution if you were doing a different one of those tracts?
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I never provided dimensions for the tract being surveyed intentionally.?ÿ It must fit in between the two adjoining tracts, if anyone knows where they are.
Forgot to mention certain sidelines are said to be parallel with the north section line.?ÿ The monument at the north 1/16th corner has maybe been used on a survey or two but that monument is two feet to the south of a straight line from the northwest corner to the north quarter corner, so it's possible the alignment to the north quarter corner was intended instead.?ÿ Who knows?
Well, my fist step would be to get back out there with my shovel and keep looking...
I mean... if you want to use your client's fee to try to nail down where this 8 feet disappeared to across 10, or 20, or 30 parcels then I suppose that is up to you, but it seems like it might be hard to stay in business this way. ????ÿ
I'm being obnoxious, unfortunately what I describe is how some surveyors will "retrace" a tract like that one. Clearly you need to look at the entire area.
Hopefully your tract is already monumented and I would give those found monuments a presumption that they are correct before considering rejecting them. Step one would be to gather all the record information.?ÿ
These situations come up too frequently as we routinely end up doing jobs one or two tracts distant from the first one.?ÿ The puzzle needs to be resolved first.?ÿ Yes, that takes more time and money.?ÿ But, hey, if it was simple, no one would pay us to do what we do.
Received a call from an attorney's office asking about a survey on South Grant Street that was next to a lumber yard.?ÿ My mind went to a certain job from over 12 years ago.?ÿ Pulled it up and discovered that was the wrong lumber yard as it was on South Forest Street.?ÿ Then I remembered the correct job exactly one block to the east.?ÿ Same subdivision (#2 of 9 by Mr. Jones). That was only 10 years ago.?ÿ They need the adjoining tract surveyed.
An hour ago received a call from an appraiser asking about a job from five years ago wanting to know how what I showed as a 10-foot alley could be the 18-foot alley way that exists today.?ÿ Also, why do I show it as an open alley while the tax map shows it as closed.?ÿ He wanted me to stop by the next time I drove by and find two bars. I explained why it wouldn't be that simple.?ÿ That job had over 50 hours of research time involved because the total tract was formed from parts of five different little additions to the city.
Do not fear research and problem resolutions.?ÿ That is what we do that separates us from the expert measurers. Charge appropriately and we will no longer need to worry about lowballers.?ÿ Now in my sixth decade of surveying projects and doing quite well.
Well, isn't that special??ÿ Not that I've ever had the desire to rest my head on a gnat penis, but, that would make a great "mysterious gift package" to send anonymously to some expert measurer.
Who knows?
The only one that truly knows, is the original subdivider; everything else is a guess...
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What are the first five steps to consider before attempting to set monuments around your tract?
1. Clearly defined scope of services
2. Written contract, with scope of services and fees, signed by client
3. Retainer in the amount of 75% of estimated fee.
4. E & O policy in place, premiums current.
5. Attorney on speed dial.
6. Fresh tin foil lining in sun hat.?ÿ
