Any takes on when, or even if previously non-prorated very old but non-original monuments ever effect the pro-ration of lots outside the confines of the more truly "original" monuments?
I don't particularly like the use of the word outside the confines. That would mean extrapolation instead of interpolation when it comes to proration. Maybe the wording just has me fooled.
In Okie, once a subdivision is filed then the lots are simultaneous. There is a caveot though, in that until at least one lot is sold, the entire subdivision can be scrapped and vacated.
But okay, you have a subdivision with pins, some original and some not.
My rule is NEVER to cross a street and to stay within a block for any proration, although I do very often have many monuments outside my block to use as verification on the overall geometry.
First, ask the owners what they have relied upon as to their boundaries. Not likely many will point to a pin in the ground. But once you point out the pin, then they may make some decision (based on if it helps them or hurts them) to say "Oh , yeah, that's the pin I've been using for years." So, I like to test them blind first.
So let's toss in another wrench. There are missing pins and someone prorates and sets the missing pins. Fast forward 40 years and some of the used pins are now missing. So you then prorate from prorated pins to reset the missing pins. Do you see where this is going? You constantly move stuff back and forth no longer relying on the original geometry of the subdivision.
For me, it's always been about the harmony of the entire block and equity. Sometimes a simple proration is the best method and most easily defended and sometimes based on occupation (long standing) then it's not the most satisfactory method.
But, it's never been entirely about the math. And in fact, I think some of the measuring done many years ago, when they took into consideration of chain sag and temp probably are more positionally reliable than some one shot TS measurement by someone that hasn't set their PPM's, nor even realizes that they should set them.
> In Okie, once a subdivision is filed then the lots are simultaneous. There is a caveot though, in that until at least one lot is sold, the entire subdivision can be scrapped and vacated.
But isn't the vacation process formal, i.e. until some sort of map is filed or document recorded, don't the lots exist? In California, you'd have to file a Reversion to Acreage map in order to expunge the lots in a subdivision, even though none were ever sold.
Yes Jim, it takes a simple petition to vacate a subdivision if you still own all the land and no lots have ever been sold. No one though can stop that process so it's a very easy process, and yes, there is a document filed at the courthouse noting the vacation of 'xyz subdivision'. I really shouldn't have put that in my posting since it doesn't really help in the discussion.
Wendell, What Exactly Happened Here?
The other Paul made it political.
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> Yes, it's a food hangover....just ignore me..
Hahaha....that there was funny. How can we ignore that?