@james-vianna Disconnect??ÿ I thought the subject was descriptions.?ÿ And we wonder why people think surveyor's never location their property lines in the same place.
The last 1/2 hour yesterday was writing an 80 acre description of a tract bounded on the north, east and south by various previously described lines. Highway, two subdivisions, a BLA plat and aliquot lines. The west line is a new division line, so it's bounded by fresh monuments. I don't know how to write it without calling the bounds including the adjoining lines, senior or not.
As always, it depends.?ÿ Sometimes hold em, sometimes, not.?ÿ Same for calling them out.?ÿ Especially when you see those rods set a foot or two off the stonewall
Our job is to document the evidence from recorded instruments, not decide who has rights or ownership.?ÿ Those are legal decisions to be made based on common law and we are not Attorneys (with very few being the exceptions).
1. Junior/Senior rights are, in fact, "evidence from recorded instruments."?ÿ?ÿ
2. Hypothetically:
You pay an accountant to prepare your taxes and all he does is categorize your business expenses.?ÿ
Then when you inquire about it he replies that what is a legitimate deduction or not is defined in the tax code, and backed up by interpretation from case law, therefore the determination of a legitimate deduction is the practice of law and you should consult an attorney.
Do you think you paid for a professional service and it was money well spent??ÿ ?ÿ
@jph?ÿ
I think we're saying the same things, but it really doesn't depend. Each line of the description needs to be bounded. Rejecting some evidence and holding other evidence is what we do. I'm assuming in your example you would reject a couple of rebars and hold the stone wall for the description.?ÿ
With my description I rejected the senior call to a section line and bounded my description by a subdivision line that overlapped the senior line into my client. My client is well aware of that issue and wants to sell an unencumbered parcel.
Each job will be similar. I can't think of a recent one that was "clean".
?ÿ
Yes, we are.
I'm saying sometimes you hold the rogue monuments and sometimes you don't.?ÿ So it depends on the situation.?ÿ With the stonewall, that's the best and oldest evidence.?ÿ With no stonewall, you make the call on how much of a kink in a supposedly straight line is allowable.
@jph The decision is kink or no kink. Correct is an identity not a distance...
@james-vianna are you answering questions as to property rights??ÿ Sure, we have the knowledge of which lines were filed first and can show them on our plan as such but determining ownership and rights is not in our wheelhouses.?ÿ Our job is to document the recorded title lines, what was found and lines of possession, if there is a question regarding rights, even though we may know what the answer is, it's not our call to make.
My job is to locate ownership boundaries, not stake deeds.?ÿ
This topic could go on for another 100 pages.?ÿ We do play "god" all the time based on the existing monuments and evidence we find in our work.?ÿ We find or establish what we believe in our best opinion to be the boundary/property lines.?ÿ It is proper for us to add notes to our recorded plat identifying items of concern that any party might wish to explore further.?ÿ Every survey we do is subject to judicial review based on someone demanding their view of right and wrong be adjudicated until they get confirmation of their opinion or run out of money for attorneys to wage the battle.
This topic could go on for another 100 pages.
Every 12 - 18 months like clockwork going back to 1996
the parents never filed deeds nearly 60 years ago when they "allegedly" acquired some small tracts
Yes, Better call Saul;
No idea what you're after saying here.?ÿ Maybe a few more words, a comma, something....
@jph Too many surveyors replace evaluation of evidence with an arbitrary distance threshold where they reject monuments. I contend that percieved error in location is very far down the list when compared to monuments and actions of owners. If I determine a monument is valid I don't change that opion based on how close it fits my math. The sole exception is when it is so ridiculous as to make it impossible to be the corner monument I think it is.
In other words: Correct is an identity, not a distance.
Of course you are right, but opinions on what is "so ridiculous" vary widely. Even some on this board seem to believe that a few tenths qualifies.?ÿ
