When the original Survey was completed in 1961,it was filed and recorded with metes and bounds at the Court House.
Once again in 1970,after being Sold..Subsequently,in 1995 it was Surveyed again but the Surveyor arbitrary followed an existing Fenceline not adhering to the original 1961 Survey,perhaps he didn't search it? The Fence zigzagged up then down.
My recent Survey from a local Surveying Company,left out a portion of the original Survey,calling it a gap of 0.034.
I supply them with the original Deed with metes and bounds and they choose the last Survey.
Which Survey takes precedence?
A correct filed and record survey can be relied upon to correct any mistakes in current record. The county wants to argue that the property has been somehow subdivided through errors in more recent surveys. Absent language on record indicating a subdivision was intended one can argue the intent each time was to convey the original whole, despite errors in recent descriptions and surveys.
Paul in PA
Have provided testimony in court a few times. The judge will decide something. He may be right and he may be wrong but his decision settles the matter...........unless you want to spend tens of thousands of dollars to keep fighting at a higher level.
Working with low level bureaucrats fits into the same category.
This has already Cost me over $8,700 of wasteful expense....It's becoming clear that local Government is more
Inclined to obstruct your progress and take the position of control and containment..
Yesterday,I contacted the recent Surveying Company asking why did they not follow the original filed and recorded Survey? The answer was, we did not purchased that part. Their Survey separated the original one by 3 feet running down the Fenceline over 200 feet.leaving a (gap) between our property and the Counties right of way. There's 2 driveways going out crossing the (gap) I said,if I don't own it who does?
I've seen the (gap) thing several times where NOBODY seems to own it.
An example: In 1935 a small city condemns parts of certain lots and blocks adjacent to an existing street for street purposes and then hands all of this over to the State Highway Department for installation of a State Highway along that route. The highway plans however show their claim to be a certain number of feet either side of the highway center line, consistently as it passes through the small city. Small gaps exist in a number of places between the boundary of the condemnation and the highway plans. Eighty years later, the surveyor discovers the problem while doing a simple survey for a resident refinancing their house.
The 2 driveways crossing and or traveling over the so called (gap) have been in existence for over 70 years,are they now
Non-existent ?
So which Survey is the legal one,
The first one that was Recorded and filed properly or the second one 35 years later whereas the Surveyor followed the fenceline ?
Given proper research the older survey can be the basis for a correction survey and description.
Paul in PA
This is probably the best route...
Our best decision, was hiring a Professional License Surveyor outside the County's Politic's ..The Surveyor researched the History of the tract and with on ground Surveying concluded the tract was the same tract deeded and recorded in 1961. They supplied me with a Signed Survey...I have not presented this to the County as of yet,I am now wondering if the County will require me to Plat the balance of the 10 acre tract?
I now possess a corrected Survey,now my hurdle is the remaining portion of the 10.02. Although,the tract originated pre 2010, will the County require me to plat the balance 6.82,.
Paul in PA, post: 370060, member: 236 wrote: A correct filed and record survey can be relied upon to correct any mistakes in current record. The county wants to argue that the property has been somehow subdivided through errors in more recent surveys. Absent language on record indicating a subdivision was intended one can argue the intent each time was to convey the original whole, despite errors in recent descriptions and surveys.
Paul in PA
I now possess new corrected survey,now I will see if the County will require a simple Survey on the balance or plat the balance,which will cost $9,500
Michael, (potential cost of filing a new plat aside) it's been good to read the discussions and evolution of this issue from start to present. Glad you dropped in, thanks for keeping the thread updated and good to hear things may be moving toward a favorable resolution.
After 9 Months,the correction has been accomplished..I thought,I had it all resolved with another Surveying Company,when they made the correction on the 3.8 tract..They referenced the Vol.and Pg.of 1961 Deed making it a valid tract but worded it so that the 0.34(gap) which no body owns was outside our 10.02 tract.The County jumped on it,stating it was invalid...So,I went back to the original Surveying Company who Surveyed the 10.02 tract..They were reluctant to correct the Survey,even when they had the information showing the metes and bounds of the 1961 Deed was different than their Survey.With some assistance, they responded immediately and made the correction at no Cost.The Statement I received from the Owner is they don't go back 50 yrs.looking for recorded deeds.Nowm I have a 10.04 tract and the 3.8 has finally been correct. When I record the corrected Survey,is the County going to require me to plat the balance of the 3.8 because the 10.04 is now a smaller tract.Im not sure how that goes
With (2) Survey's completed by (2) State Licensed Surveyor's both with the legal Description's with metes and bounds and Recorded Doc. at the County Court House, the County Engineer is still not convinced.. This tract 3.8 tract was recorded in 1961 and 1970. As I previously, noted our original (7) Abstract tracts, that were taxed for 75 Years from the Appraisal District was arbitrarily terminated by the County Engineering,this is what lead us to pursue this tract within the 10.04 tract. 2010 Sub-Division Rule, tract is considered (grandfathered) if it was recorded pre-2010.. This tract meets this criteria.. Additional research found
- 10 other Abstract tracts within a 1/2 Mile radius, were as the same as our original (7) tracts..
- This is very unfortunate that a Employee of the County, that does not possess a Surveying License has the Aurthority to make decisions based on gut extinct or prevailing Winds.
- This information is provided for transparency
Here's a update, the County has agreed to (grandfather) the 3.8 tract,if a Boundary Line Agreement is done.
Here's my question:
The original Surveyor provided a Survey for our Neighbors Property complete with a legal description,being a 50 foot ingress/egress.
Years,later the same Surveying Company provided a Survey for our 10 acre tract. On our Survey they put in a clause of a (possible gap) between our Property and our neighbors..
The 3.8 tract deeded in 1960 was inside the 10.04 tract...The Survey of the 3.8 was part of the (possible gap).
Who's responsibility is it to close this gap?
Should there have ever been a gap?
Is there a statue,obligating a Surveying to close all Surveys completed?
I agree, you hire and pay professionals to clear the problems and make the hard decisions.
Grey areas opened by statements like "possible gap" make me question things too.
So do bureaucrats that reach outside of their job descriptions and ask for solutions without seeking legal counsel recommendations or backing up their want with an actual legal premise of why.
What do you and your neighbor know that the surveyor can not solve?
Anyway, if that is what the road block requires, and your neighbor will sign, "feed the beast" and give them what they want.
