I know this happens to everyone. Let's say you're surveying a simple 1 acre lot half way down the line of a 5-year old subdivision. All of the lots have been built on. Your rear adjoiner is undeveloped farm land. Upon performing checks to reset a rear corner you find original monuments for the adjoiner and there appears to be a 0.5' gap. Do you upset the whole subdivision or stake your rear corner at the platted position?
Better check the other side of the subdivision. We have some were the roads were built on the 30' 0/s stakes. If all else checks "you can't sell what you don't own".
Whenever you're basing your decision to accept or reject a monument on the math, you're simply guessing. The answer is never found in the math or the measurements.
What you've done so far is uncovered conflicting evidence between the two surveys. No big surprise there. The question that needs resolve now is determining which monument line is controlling. That requires gathering historical evidence of the landowners' actions (both physical and testimonial), the title record and past surveys, then determining the facts of the case and applying the appropriate rule of law designed to resolve the conflict.
That's why boundary surveying isn't a technical process.
JBS
Follow the subdivision plan.
If you find the original monuments and are certain you have the correct line, then hold it. I would then just note where I found the pins of the subdivision in relation to what I believed to be the correct location of the boundary line.
Upon performing checks to reset a rear corner you find original monuments for the adjoiner and there appears to be a 0.5' gap. Do you upset the whole subdivision or stake your rear corner at the platted position?
If the description for the subdivision calls to the line in question, then you have your answer.
"and applying the appropriate rule of law"
:good:
I would prefer a GAP to an OVERLAP any day.
In my neck of the woods, a gap along a subdivision boundary usually means that the developer may have decided to move his boundary instead of spending time & money fighting with an adjoining owner for the overlapping area.
A boundary dispute would mean time loss to development of the subdivision. If you lose several hundred square meters then so be it as long as your construction goes unhampered by court proceedings.
Moo! I'm with the Cow on this one
Don't dispute the subdivision boundary for a single lot, especially for a purported gap.
I have my flame retardant Depends on and I'm about to go to bed, so I don't care what ANYBODY thinks.
Don
If I understand this correctly, based on the subdivision math, the lot corner is 0.5' from the abutter's line (based on original monuments that you found).
If you're sure that the subdivision's intention is to be to the abutter's line (not leaving a gap, for some reason), then the actual corner should be on the line.
