a thoughtful article

So very true!

Thanks,

I agree with most of the article about the importance of having a survey done and the more time goes by, the harder it gets. Also, records of survey being available to future surveyors decreases the likelihood of future conflicts.

I don't think the record of survey is the most important part of the process, though. Isn't showing the property owners where the boundary is on the ground more important? Also, in California, which is where the author is located, records of survey are not "recorded" like a deed or subdivision map, they are "filed" in the office of the County Recorder. I don't think the legal term "constructive notice" applies since they don't become part of the chain of title.

Well okay

I am concerned when folks start talking about inexpensive ans simple surveys. These are misleading to a certain extent. Certainly, there are relatively less complex surveys. It is important for folks to realise that there is a professional judgement required whether the boundary is in a brand new subdivision, a metes and bound of a remnant of rancho land or an aliquot part. Our job is to collect evidence, among other things, and then use that evidence to develop a professional opinion. Many times the procees seems to be cut short and surveyors just occupy two mons and throw out lines at record bearing and distance. Occupying two mons. and setting out record bearing and distance,may well represent a sound professional opinion. But, I have no idea how one could arrive at that opinion without first conducting a survey.

We are not paid for our vocational effort. We are paid,or should be paid, for our professional opinion.

I like the article.

My experience is different in one respect: I find that rural areas have a better monument survival rate than urban areas. Obviously there are exceptions such as plowed fields and orchard removal removes everything. But for the most part, monument destruction activities seem to be more prevalent in urban areas.

Record of Survey maps don't carry constructive notice unless it is referred to by a Deed.

Record of Survey maps don't carry constructive notice unless it is referred to by a Deed.

A deed form is not necessary, that is a lawyer's misconception.

A survey map, surveyors report and owners affidavit can form a correction document when recorded in the Reg of Deeds office.

Lawyers do not understand that because lawyers do not understand the information in Black's dictionary definition of Alienation:
Alienation
In real property law, the transfer of the property and possession of lands, tenaments, or other things, from one person to another. The term is particularly applied to absolute conveyances of real property. The voluntary and complete transfer from one person to another. Disposition by will. Every mode of passing realty by the act of the party, as distinguished from passing it by the operation of law. See also Restraint on alienation.

Restraint on Alienation
A provision in an instrument of conveyance which prohibits the grantee from selling or transfering the property which is the subject of the conveyance. Most such restraints are unenforceable as against public policy and the law's policy of free alienability of land. See restrictive covenant.

Ask any attorney to explain how they determine when a parcel is created by any of the: Every mode of passing realty by the act of the party, as distinguished from passing it by the operation of law., and see what they say.

Richard Schaut

Dave

Have you asked an attorney yet? What did they say? It should be really funny because attorneys are required to have a partial lobotomy before they take the bar exam so they are physically unable to understand certain sections of Black's Dictionary.

Steve

LOL

I heard the first class in Law School is "Arrogance 101".