how would you make the map if not using the field notes to guide the creation of it?
Trying to put my head into how they did it especially when they were traveling y ship, it must have always been a work in progress.
The metes and bounds are obviously the carryover fro Ye Olde English writing and process that was the expected and accepted norm. I always get a little laugh when I see ...From the TPOB...thence....blah blah blah.... Is there a false point of begining???
Anyway, I thought the Intent of the legal description is to provide an unambiguous and traceable path that is in harmony with the plat, and the words that are written are what the plat was created by and from. again remember I'm a newbie, though I have been trying to learn as much as I can stuff into my 5lb sack.
Before answerimg this lets clarify what you mean by "field notes".
1. In most surveor's language: The notes written in the little yellow notebook or stored in the data collector.
2. In BLM language: The official approved field notes that are an integral part of an official survey.
3. In a Texas surveyor's language: The metes and bounds description
or
4. Something else
By the way, although some have other ways of handling it a "TPOB" is used to distinguish the point where the description starts actually describing the subject parcel from where it starts describing how to get to that point. This puts the parcel in the right place in the neighborhood relative to its neighbors.
understood. I agree with the list, and understand the differentiation. It matters.
The discussion/argument of the TPOB is long before I ever knew what land survey was, and have found that when I am I offered the opportunity to write legal descriptions, dont use it because I was trained to just use POB, and yes the rift or schisms and schools of thought can argue all they want to, I chose the shorter one because it more accurately describes the starting point of the boundary of what I'm describing and not the tie to a section corner etc which isnt the POB but a primary point of reference that was placed and accepted by the process and doesn't have any competition to it's veracity and value.
I'm new, compared to the license pool here, I'm only an LSIT, so my comments are from someone who's learning and still well Into the pipeline of the process and always taking on new ideas, and expanding my understanding.
thanks for the dialogue and not just being a crochety ol curmudgeonly surveyor.
we're all on the same team just at different levels and lengths of experience and paradigms.
In my state, the description must reference a section corner, quarter corner, another aliquot corner, or an established subdivision corner that was tied to during the survey. I do this as a point of commencement, then a bearing and distance to the point of beginning of the property I am describing. I never use "beginning point" with "true point of beginning" because my mentor steered me away form such language. That said, I have seen deeds describe a point of commencement as a found monument in a different township or range, placing the described property miles from its actual location, so triple check all of your descriptions. My standard procedure is to have a minimum of two separate individuals plot a description, regardless of who authored the description.
We do the same, Commencing at "xxx", thence to the Point of Beginning.
The TPOB is awkward but sometimes I run into them. No big deal, just awkward.
Absolutely. One set of eyes never sees the same mistake they missed every single time they looked at it.
When we were editing our 3-5000page 6 in binder documents for the USACE projects we worked on, everyone has a section, and you were never reading aloud your section and found it's amazing how poor spell check and grammar check actually work in reality.
Thanks for the post!
If the map is a filed document and the deed references it, the map will control but that would depend on the wording on the deed.
Having two points of beginning, but only one of them being "true", is one of my description pet peeves. Sort of like "true" north. We're accustomed to dealing with them, but the public is not and can easily get confused.
I'm with the "determine intent" crowd.
It's those danged words that sound alike but don't mean the same thing:
flue, flu, flew
to, too, two
by, buy, bye
hour, our or are, ARRRRR
eye, aye, I
ewe, yew, you
Then you have: Miss Viola said ,"Voila."
A few days ago I was watching an episode of "The Rifleman". Son, Mark is complaining about his schoolwork and trying to figure out the :I for E, except after C..................... Dad, Lucas, recites the full example. Then Mark points to the word, "glacier", which was spelled correctly, but a violation of the standard rule. Dad, Lucas, says, "Oh, yeah. That's a French word."
Google sucks.
voracity is about hunger. veracity is about truth.
typing it is slower but more accurate than trying to babble into the GIGO translation of my head set or armor case for the stupid phone.
fat fingers and autocraptech being the other issue
Since the map is included then it is proper to take the whole legal description and map together, giving control to those elements which give effect to the intentions of the parties and eliminate those elements which don’t make sense or seem to be in error.
I have one now which is a leach field easement written by a Forest Ranger in 1948, I wish there was a map or at least a sketch. It’s not great, one point of confusion is it refers to the southeasterly boundary of the dominant tract it is appurtenant to, it only has a south or east boundary. I finally decided to change it to southerly (erase east) and then everything else fits plus the physical leach field is to the south.
Oh, my. A typo in a comic.
intentions of the parties
yessiree!
