Clearcut
Corner records were being recorded long before 1974 in California.
The practice goes back to at least the 1950's. However, the majority of the corner records are pertaining to perpetuation of original GLO corners.
How about this for a missed point.
The law from 1891 and for many years up until the major revisions included this little ditty:
"Within sixty days after a survey relating to....the retracing or establishing of property and boundary lines......has been made by a licensed surveyor, he shall file with the recorder of the county in which such survey or any portion thereof lies, a record of survey. ..... The record of survey must show all permanent monuments set, describing their size, kind and location, with reference to the corners which they are intended to perpetuate..."
So the law for many years was mandatory filing of R/S anytime you did any retracement and set any monuments. Only recently (I say recent, ha, its been close to 35 years now) has the law changed to allow for CRs instead of R/S's in some situations.
Is your first name Lewis?
Or maybe it's Don Quixote de Lamancha.
Lewis. Yes.
I think I remember that guy. The grandfathered engineer that thought Records of Survey were optional?
That guy?
In a perpetual confrontation with the Board?
Didn't he lose his license eventually because he thought that surveyors should be free range just like chickens?
Don
8762(b)(1)
Material evidence or physical change...
8762(b)(1) refers to new or changed boundary evidence, not a change to the property itself, unless the change to the property itself is material to the boundary location.
Setting a new monument where an old on once was, or placing one as a P.O.L. is either introducing new evidence of the boundary location, or placing evidence that is physically different than whatever the new monument is replacing. Even placing your tag on an existing unmarked monument physically changes that monument.
If the only new or changed evidence as compared to previously filed maps is that a couple POLs were set or a that a tag was placed on a previously unmarked monument, it's overkill to require that an RS be filed. That's why there's the exception in 8765(d).
In a case that simple, the CR can be prepared in about 30 minutes and filing is $10 or so. Shouldn't be a point of concern except to the extent that you are looking at about 30 years worth of surveys representing dozens or hundreds of CRs that should have been filed.
😀 :good:
I think that's a different person, a PE who got slam dunked by the Appellte Court.
I'm thinking of a poster named Lewis who last posted in August along these same lines. He is an LS.