One of California's most interesting cases is Aborigini Lumber Co vs Hyman near Fort Bragg, CA. Surveyed by the buyer and two unlicensed assistants to the Union Lumber Co. surveyor Thorne W. Holmes...short story they ran the blazed boundary 500 feet too far north. Aborigini was a successor to the shorted tract and lost when they sued.
Hyman was involved in another unusual case near the harbor, a water boundary where the court refused to quiet his title between the water boundary and the measured location primarily because doing so would substantially increase his acreage and create other conflicts...Hyman v Haun...
https://scholar.google.com/scholar_case?case=1130336697024203666&q=hyman+v+haun&hl=en&as_sdt=4,5
I never said that a person can survey or resurvey the boundaries of their own property.
They can divide it up and measure it themselves, as in new interior boundaries.
This is how it is (for you younger guys).?ÿ Land owners can survey their own land but can't survey for third parties.?ÿ Once unsurveyed land is surveyed and staked the Stakes hold in spite of technical errors.?ÿ When we resurvey these surveyed lands we are looking for the corner that was set in the beginning.?ÿ So if some guy paced it off we have to retrace his footsteps and find the original corner.?ÿ That's why we'll always need surveyors and drones won't replace us.?ÿ It's not just about measurement.?ÿ It's about collecting evidence to the corner.
If they were creating a new boundary (cutting out a new parcel) and set markers called for in the deed, well, original corners.?ÿ Also if you can determine the original intent of the parties (sounds like you can) sort of a done deal isn't it?
I'm doing a survey right now of just this situation.?ÿ The original owner paced off his land and set boundarys for his children.?ÿ The deed just gives a direction and distance such as "a north direction for 172 feet to an iron stake".?ÿ The problem is this area is given to flooding and all of the referenced corners have been wash out, or they've been dug up while creating ditches for the dirt road.?ÿ ?ÿHow does one go about resetting these corners ... and feel comfortable with it.?ÿ ?ÿ( As a side note;?ÿ I came across paperwork filed a the register of deeds where the all the adjoining owners came out and agreed on the location of a property corner and physically set a corner at that location.)?ÿ Any one ever see this before??ÿ I think I may have to do the same.