"You may be under the assumption that A PLS must have set the iron for what ever reason ."
No, I don't really care who set it. When I find it, I have to prove that it is so far out of position that it could not possibly have ever been accepted by the landowners as marking the property corner. That is a pretty tall order when we are talking about 1' and something I find extremely difficult to do. I sure as hell am not going to set another monument!
My State also forbids destruction of monuments.
Drive the new pin, hit big water main, pay big water bill, go home sorry. Now you see why the other surveyor just MOVED OVER A FOOT and drove it. (Who cares about a foot anyway?) He was just using a tape and compass anyway.... Just sayin...
🙂
Nate
> Probably not, although you have added a monument to the equation that was not in the original post.
But that's the game we're playing here 😉
All we know from the original post is that DrJeckyl found a "1/2" iron rod / no cap, being on line and 1.03 feet west". Period. We don't even know if it's dumb luck that it fell on line, if he held it to establish the line, closing corner style, or if it was set intentionally as an offest on a prior survey.
What we do know from the replies is everone's confirmation bias; it's kind of like a Lucas column I remember reading where he wrote something along the lines of "We only have the published opinion, and not the evidence that was presented in court, but we can only assume that the surveyor did this because...". Of course the assumption the followed, the "only one possible", was the perfect example to prove his point.
In the city with buildings up against the setbacks to the max 1' is huge . With todays technology and 1' off is 1' off.
> I can't imagine rejecting an found monument 1' away from where I think a corner is located...
i agree in general but.....
reasons to reject a found monument 1' away:
The utility company pulled it to install a pole and reset it incorrectly.
A homeowner moved it to his benefit.
The monument is NOT the original monument and was reset incorrectly by another surveyor.
The monument is a witness monument.
The monument is actually a goat stake.
What if you set a goat stake as/at the corner. The owner could tie his goat up there and keep the grass and weeds down around the property corner so it can always be found.....Would you reject that?
Okay, sorry. I like making up bad jokes.
I'm with the crowd that says if you don't have a pin at your opinion of the corner, you set one. (but) I agree with Mr. Fleming that you/we don't have all of the facts. As a matter of fact, how can you presume that the good Dr. Jeckyll is the lame jackleg surveyor and that the pin with no distinctive markings, no cap and does not match the original call was set by a competent surveyor? For everyone who accepts every pin they find, I guess Mr. Jeckyll is best to remove the existing monument and set his own....maybe without a cap so you will accept it when you come behind him.
Having said that, I would take the pin seriously. I would double-check my math, look for other evidence that might support the pins location, possibly go back to my 'controlling' monumentation and see if there are other pins 1' away from them, etc. As I said above, I tend to presume a monument to be a corner and look for evidence to refute that, and weigh all of the evidence. As was mentioned, we have all seen situations where fence builders, or utility line installers might dig up the pin and drive it back in the ground out of there way, and so they can't be blamed for destroying the property corner. A property-corner monument is just one other piece of the evidence, as is the bearing and distance. (Not sure, but I might have covered both sides of the fence here.):-P
Sumpin' Like This, Huh?
😛
Sumpin' Like This, Huh?
Waterlines are buried 4+ feet inthese parts
> I'd be pretty pissed if someone yanked my rod and then set their own a foot away.
>
> Plastic caps pop off all the time - frost, animals, kids, etc.
>
> I think that a search for plans and questioning the neighbors are order, to find out the origin of the rod.
>
> If it's by another surveyor, I'd give him a call. If it's from some unlicensed clown or field guy moonlighting, then I may not have a problem lifting it.
No name on it, I really dont think it is your rod anymore, just something a guy drove in the ground to tie a string line on, find them all the time, I dont think they are corners.
