If title is transfered completely, why do we need judges. In fact, no one knows if there is in point of law any of those things mentioned, until a competent court with jurisdiction makes a ruling. We may all "know" OJ is guilty, but i said actual fact we was not, no matter what we think.
All those things are the same way, you have to go to court to quiet title. In effect, if a survey is done, and you hold the fence and give this lady 55 feet on the plat you produce, so what? The other party has not had their day in court.
Common sense has nothing to do with this, and surveyors do not have the power to correct deeds, at least not in my state.
It sucks, but here it is off to court to queit title, or make a BLA and do it cheaper.
I agree David but in this case she has told him NOT to finish. In my opinion, she has breached the contract. I would not set the pins as she might be further provoked after asking me not to.
The Fence
> don (foggyidea) mentioned in another topic that the municipalities often recommend setting the fence in a foot or two to 'be neighborly'. perhaps the neighbor was being kind by not placing the fence right on the line.
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Could be, but I don't make those assumptions. I'd ask the neighbor. If that's what he did, he'd probably say so pretty readily when asked.
Nobody is saying "see a fence, call it a boundary". The point is that it is an item pertinent to the survey that needs a little investigation to attempt to ascertain why it is where it is.
Again, except in an adverse possession situation (which does require a court to perfect title), aquiescence and estoppel do not involve a transfer of title. They require nothing from a judge, only the landowners. It also helps if the surveyor understands them. We are supposed to be the experts in these things. 🙂
Old Code of Ethics
I sincerely thought that this particular portion of board regs was meant to prevent what is commonly referred to as "low-balling".
She owes him the full amount of the contract, and it sounds like when he applies his T&M rate, then the whole not to exceed amount will be met.
I remember reading an article about this regarding ALTA surveys. Sometimes the survey uncovers things that kills the sale. Then it becomes strange setting corners and recording a survey on a piece of property not owned by your client. (Likely the buyer is your client.) At that point...do you pull your pins?
Some of the same ethical questions.