How would one go about correcting a patent that had corrected field notes already?
The scenario is this:
Block A & B
[INDENT]Original field notes were done and surveyed on the ground in 1900 and 1907 for two blocks of surveys. Monuments can be found today.[/INDENT]
Block C
[INDENT]The block was designated in 1890 via an office survey. The block was then surveyed for the first time in 1920. This survey had 400 feet of excess in the north-south lines and this surveyor did not find the senior monuments of Blocks A and B.[/INDENT]
Fast forward to 1960
[INDENT]Corrected field notes were issued and patented on. The block line between A-B & C was corrected to use the north line of Block C, the survey that was excessive ignoring the senior monuments. This 1960 survey also ended up putting a scrap file in the block unnecessarily. [/INDENT]
My conclusions so far:
I have found the original and corrected monuments for Blocks A and B. I have found Block C's excessive monuments. No mention was made by the 1960 surveyor as to why he ignored the senior monuments.
I believe that the true locations of the blocks are as they were laid out in 1900 and 1907.
Is this good enough reason to correct the corrected patents?
Assuming you're not one, call your favorite LSLS and hand it over to him. In the first place, sounds like a job where the only fee collected would be in an envelope marked "glory," and in the second place you'd most likely want somebody else to- at minimum- look at your conclusions before you go getting too proud of yourself for figuring it out. In my experience dealing with issues involving headrights and scrap files, if you think you've dug deep enough there's usually a little further to go.
I would think that an LSLS would prepare CFN's along with an overall map and a report and submit to the GLO for their reconsideration. Whether or not the GLO accepts the results is another story.
Unless you're the county surveyor, I think the law requires an LSLS to file corrected field notes. That would be how I would go about doing it. That and to have someone navigate the GLO.
From my experience, send your finding to the GLO and don't hold your breath.
In their own words "you are just a RPLS and can not make that decision and deciding the location of Patent Boundaries is something that requires the LSLS.
No matter what your findings are and what you show, their Survey Division will make the final decision.
IMVHO, there has to be something that the State of Texas will gain for them to agree that a change is necessary.
o_O
A Harris, post: 408270, member: 81 wrote: From my experience, send your finding to the GLO and don't hold your breath.
In their own words "you are just a RPLS and can not make that decision and deciding the location of Patent Boundaries is something that requires the LSLS.
No matter what your findings are and what you show, their Survey Division will make the final decision.
IMVHO, there has to be something that the State of Texas will gain for them to agree that a change is necessary.
o_O
i've gotten this email nearly verbatim (though there is a new regime in charge- not sure if the tone will change). which is funny, as i was making the argument that a gap did not, in fact, exist. but just the suggestion on their part that one might was enough for the rather bellicose emails to start coming my way.
"... will gain for them to agree..." indeed- try $1000 per s.f. of funkified, trash covered creekbed.
Navigating the Texas GLO can be a time consuming process, where your work must be carefully shown, researched, and you must be able to back up your reasoning with plenty of evidence. They do also want the letters LSLS after the surveyors name. [USER=6795]@arctan(x)[/USER] what you are describing has been known to happen, but getting the State to reverse a decision that has possibly been sold and settled into homesteads, I would strongly suspect that it would have to go through legal, and the decisions of what to do as far as the eventual outcome would be coming from that department.
I'm scheduling a time to sit down with someone at the GLO with my LSLS. I'll let you know how this works out. Thanks for the input!