I completed an ALTA recently and noted a gap along the northern line of the project . 2 sets of irons found for the same line two deeds matching each surveyors irons . Lots of phone calls to the prior surveyors and each one knew there has been a problem , never fixed. Attorney for the property owner says he plotted the deed in his magic plotting software and he says there is no gap . I had to write back and to let him know he was practicing outside his Profession and leave the Surveying to the Surveyor. He tried to talk my cleint out of fixing the issue. The more I work with Attorneys the more I distrust thier actions .
They will get a free download of something like Deed Runner and they are in business.
I got an urgent call once to the effect that all of the areas of my tunnel easements on a major project were wrong. Seems that they didn't understand how to follow a curve so they just ran the chords.
Have to agree with the attorney, no gap unless you find strong evidence that the intent was to create one. Sounds like all the surveyors involved created or added to a problem where none existed. Matching calls for the same line on both deeds shows intent and the intent was not to create a gap. Would the first survey have anchored the common line to that position, probably could argue that position successfully. Now that everyone knows the surveyors think there is a problem, there is a problem, and more than likely a formal agreement will be needed to maintain harmony. Who should bear the cost, all three surveyors should share the cost.
jud
> Have to agree with the attorney, no gap unless you find strong evidence that the intent was to create one. Sounds like all the surveyors involved created or added to a problem where none existed. Matching calls for the same line on both deeds shows intent and the intent was not to create a gap. Would the first survey have anchored the common line to that position, probably could argue that position successfully. Now that everyone knows the surveyors think there is a problem, there is a problem and probably a formal agreement will be needed to maintain harmony. Who should bear the cost, all three surveyors should share the cost.
> jud
Isn't the 'matching calls that' you state a supposition only.
So 2 sets of monuments and opinions sit out there and now a third opinion by the attorney.
As mentioned above with the curve, I think the attorneys could goof up the basis of bearingeasily in there "nifty thrifty plot stuff' for the previous surveys probably like the previous surveyors did. My supposition
That would apply but-
Prior surveys and deeds are much different from each other. The first survey has one call for the 500' line ,the adjoiner surveyor has 4 calls and irons set for the same line. My deed falls short of the adjoiners deed,as referenced by the field evidence . The adjoiner deed falls short of the subject property as referenced by the field evidence . Its there on the ground and on paper, it exist . It was created by surveying but not mine. I cannot take the chance of a spite strip being adjacent to my subject property . Client will clean this up and has payed me well to bring it to light.
Background
Subject lot
lot graded all corners destroyed , Out of Town ALTA surveyor replaces corners best he could with available evidence . Deed written from survey and recorded.
Adjoiner lot
In town Surveyor does ALTA on adjoining lot , also has surveyed it over the past 20 years and has the original position of the corners in his prior records. reset the corners in the original position and creats an issue with my current deed. See above
I've had attorneys to send me their plot as provided by some deed cadd program of my and other descriptions.
The receipt of one always heads toward file 13 until I force myself to look.
My most memorable ones are those that the attorney included not only the calls of the description, they included the references.
I keep seeing the word ALTA and wonder what this has to do with a "boundary survey" and a gap? If every surveyor was required to hold to strict standards rather than a "minimum" and state licensing and testing reflected this ability there wouldn't be many problems like this. It sounds to me like there is a surveying fault here rather than the "spite strip" assessment. Not enough info to tell. It also sounds like you've got all your bases covered. I guess you noted this gap on your "ALTA" survey. Apparently the effected adjoiner knows about it too. I guess the attorney certainly wouldn't notice a gap from his neat desk.
Hey Carl, I didn't know you were a surveyor. I thought all you did was build microscopes and some great surveying instruments. Great great great great grandson maybe. Might have left out a great or two.
Let me be the first to welcome you to the board.
You are the first. Thanks. I see some interesting subject matter.
