We did a survey in a messy area. It consists of mostly rectangles and squares cut out of larger ranch ownership with the typical east 330, south 280, types of descriptions. They started in the 1890's, but the area we were in began breaking up in the 1930's. Typical survey there; locating monuments east, west and south of the parcel with the north line along a highway. The old and new monuments fit really well and we finished it up setting two missing ones.
A landowner to the east saw us out there locating monuments and he called the office wanting a survey. I told him it's not necessary, all his corners are monumented and flagged. Seems he doesn't like the results of a survey another surveyor recently did. I explained we would end up at the same locations and he got really upset. I declined taking that survey.
Last week I learned that the upset landowner and the neighbor ended up in court over the recent survey. The surveyor was called to testify and the judge declared that a BLA would be done and fix the boundary and end the dispute. The judge ordered the surveyor to do it and turn the plat and legals over to the court for review.
Talking to the surveyor he said he wanted nothing to do with it, but once he was called in to testify the court made him the surveyor since he was there and now he can't remove himself. It seems like he can't get along with either landowner, imagine that!!!!
The surveyor was called to testify and the judge declared that a BLA would be done and fix the boundary and end the dispute.
Smells like a deed vs a longstanding fence or something. heh
I think that's it's occupation vs monuments.
But, many of the fences in that area aren't even legal fences. There is a state statute defining what creates the minimum construction for a fence for it to be considered a legal fence.
I don't know if that came up in the court case, but fences in the area are often wire stapled to trees and zig zag more or less along a line.
When doing the field survey it's important to note if a fence is legal or not. Posts with an electric wire strung along isn't a legal fence. Posts too far apart, not enough wire, ect can move the fence from being legal to non-legal.
The important thing is we avoided the whining and complaining from both parties. I'm getting too old to listen.
What do you mean by "legal fence"? Is it legally satisfactory as a boundary monument, or merely as a structure for enclosing an area?
A legal fence doesn't have to be a boundary fence. But if a fence is to be dividing property it needs to be a legal fence to be considered a structure defining occupation. For example, if a property owner is claiming AP because of a fence line along a pasture, if the fence isn't constructed to legal standards (they are very low standards) then the argument for possession falls apart.
I would hate to have been the pls testifying in court and then, suddenly become the court appointed surveyor that was ordered to do a BLA. Courts usually have court approved certified experts that handle these things. Usually, just qualifying as an expert witness as a result of your credentials doesn't afford you that status.
I've had to qualify as an expert in a three cases in incidences where only once was it successfully defending my work, but I would probably have advised the Judge that my findings were what they were and if a BLA was ordered, I would have no interest in the participation of preparing that unless my chargeable rates were significantly increased by the court.
