Aside that the 2 affected sections are reasonably developed and that occupation and aliquot lines have clear divergence with the new 1/4 position. The question is "do easements based on the old 1/4 position move? My position is no.
bridge
How did it move??? The corner between two property owners can move, but once established the 1/4 coner cant move. If the easemnts are described as aliqout lines they are still in the same place.
There is almost certainly more evidence for easement locations than the written descriotions. If they were placed on the ground (ie, utilities, driveways and the like constructed) they do not move. In fact I see no reasonable case where they would.
I will try to refrain from hijacking, but the moving Section monument is impossible to ignore ..
I'm also curious about how the section corner actually moved. Did the monument move? Or did someone set a monument at the position that they felt was where the 1/4 should be, but that position was in conflict with the occupation/historical line?
I agree with the above opinions. Property corners (including section and 1/4 section corners, easements, etc.) do not "move". They remain where they were "established". However, our (surveyors) opinions of where they are located can vary widely, and sometimes frequently change, but once a boundary and/or corner is "established", it is where it is. To paraphrase Tom "correct is an identity, not a measurement". Another one (that I borrowed from someone) that hangs on my wall is "Boundary surveying is not a measurement problem, it is an evidentiary problem"
bridger48, post: 339734, member: 6251 wrote: The question is "do easements based on the old 1/4 position move?
no
Every time I see more than one monument in the same general vicinity meant to represent the same corner position, I cringe. Not because so much that I don't know which one is right, but because it is my presumption that there are property pins based on each of those. So the NE corner of Subdivision A is off one monument and the pob of parcel B is off another...etc, etc. Something has to give somewhere in that scenario.
To properly retrace any boundary the surveyor must place themselves in the position of the parties at the time the boundary was established. If they used a "different" 1/4 corner, then you are required by law to use the same "different" 1/4 corner. Boundary establishment principles bring stability to boundaries. Without them, we'd be moving boundaries at the whim of every survey made.
JBS
But, but, but, but, but,but................my equipment is newer and shinier and has more numbers to the right of the decimal than your equipment. So your work is WRONG, WRONG,WRONG!;-):-Oo.O:-D:-@:-P:-/:pissed::-(:excruciating::-$