Old school, probably in his late seventies, I really am surprised that he caught it.
I have seen them comb through a set of field notes looking for anything that they might claim needs to be changed just so they can get an original stamp and signature for a new transaction. Once I had an attorney tell me that when I made a call to pass a corner or witness, instead of "at 10.00 feet pass a 1/2" iron rod found..." it needed to be "at 10.00 feet past a 1/2" iron rod found...". I told him that if he felt that strongly about it then he should just change it himself. Attorneys still write field notes, which means they still can change field notes when it suits them.
the bright side
my thought was that they are looking for something to get you to issue a current survey map...but I'm skeptical like that. I don't think a minor typo invalidates the map/Plat you produced in 2003.
Coordinate errors ...
I just finished my Grids and Datums column on the Republic of Niger for Photogrammetric Engineering and Remote Sensing. In the process of researching (this past Sunday), the Origin Point for the local classical horizontal Datum, I found a significant error in the coordinates of the point as published in several geodetic sources.
I plotted the published coordinates and it wound up in two countries south of Niger. I then swapped the Latitude and Longitude components, and bingo! The "Point 58" Datum Origin indeed plotted within the Republic of Niger.
🙂
Affidavit of Correction should satisfy the attorney.
If you need a sample, email me and I’ll send you one.
Have it notarized and filed for record at the court house and it’ll be public record.
Just did one for a similar situation a couple of months ago.
I agree with all the guys about filing an affidavit! That practice is done all the time here in Florida. When the affidavit is recorded, it gets tagged to the original plat by the clerk of courts office, so when you pull the plat up off the web site, there is a link to the OR book and Page for the affidavit.
I mean, heck, the plat is already recorded, lots have been sold, mortgages, etc. You would have to get consents to re-platting from every single mortgage holder, and consents to ownership and dedication from every single owner, and the list goes on and on! I mean, that doesn't make sense no matter what state your in!
We have in WA a statute that provides for the Affidavit of Correction for minor issues with recorded plats and surveys. In some counties, file the Affidavit, and the keeper of the plats will pull the plat and add a note to the update. In some counties, they go further to strike a line through the error, add the correct info, and a note to reference the affidavit.
In some counties, they don't know squat and demand a replat. I got a 4 page letter from a big time legal team once noting such a minimal error. They were demanding in essence a universal hold harmless warrenty from me for all perils for anyone who might step foot on the property.
I prepared an affidavit of correction and the county recorder said no way no how replat. I gave her a copy of the statute. Nope, replat. I went to a peer surveyor who had worked that county for many years. He says, oh, no problem, give me the affidavit and I will take care of it for you. He was able to smooze the counter lady and presto change0, filed. I sent a filed copy to the BigTime legal eagles and never heard another word about it.
There were no lots in this plat. Big forested acreage with delovely pond. Designated building sites defined by 100 foot circles within the total common area of the plat. Those were defined by a project coordinate system with coordinates for the radius points of the building sites. The error was just a typo in one of the coordinates.
The difference was less than half a foot. Replat my arse!!
I'll keep that in mind Mike and when the need arises I'll shoot you an email.
PS. How did your peppers do this year?
I would swear that over 50% every subdivision map and legal description I check has some typo error on it. I have spent many a day chasing down where there is a 1-foot bust, or a bearing "flip" or where the apparent bust is.
Not too long ago, I ran the math on the exterior of a subdivision plat and it didn't close by 60' (a lot anyway), and finally found that if I changed the chord bearing of one of the arcs to be tangent instead of what they published, the plat closed.
Anyway, I think that perhaps Surveyors have a subconscious urge to leave one flaw in all of their descriptions and platwork, kind of like the Ojibwa native americans do in their beadwork. It's a symbol to represent the imperfections of man.;-) See....and some say surveying isn't an "art".
