Surveyor #1 in the mid 1970's "found" a "set stone" along a right of way with a "faint" 1/4 marked on it. The surveyor said in his CR that he ENHANCED the mark and accepted it as the corner.
In the 1930's surveyor #2 (for the same 1/4) found a stone 600' west of the enhanced stone at an old fence corner. He set a pipe and cap that was later mined out.
The landowner to the east of the 1/4 filed a suit against the company employing surveyor #1 for mineral and surface trespass.
The court case was never concluded-the company agreed to go with the 1930 survey and settled out of court.
Now in the field it still the enhanced monument, what to do with it? The 1/4 has been remonumented at the old fence corner and stone with a 3" brass cap.
Should it be pulled?
> Now in the field it still the enhanced monument, what to do with it? The 1/4 has been remonumented at the old fence corner and stone with a 3" brass cap.
>
> Should it be pulled?
Absolutely NOT! Still a monument of record, to be used as a witness if nothing else.
Set a witness cap with bearing/distance to the real corner next to it.
I can't come up with ANY reason to pull somebody else s monument EVER!
I am dealing with a survey now where the surveys of record call for monuments that have been pulled, moved, and obliterated. It is a huge mess.
It is apparent the 'enhanced' monument is the basis for some claim of right. I wouldn't consider removing it. I've never removed a monument set by another surveyor without talking to them first.
It would be good to get the chain of both monuments into the record. Document the pedigree of both, along with what each one is and isn't...
My .02, Tom
The only person that should EVER remove a monument is the person that set that monument. If they have gone on to "the great tripod in the sky", then you should leave that monument alone, even if for nothing more than "historical record".
In the sense of 'without permission' I agree. If the other Surveyor and I come to agree that his monument has been moved or wasn't set where he intended to place it, I will remove it for him. There is no reason to make them come do it if I'm already there, unless of course they are a dirt-bag...
"I can't come up with ANY reason to pull somebody else s monument EVER!"
:good:
> The only person that should EVER remove a monument is the person that set that monument.
This man begs to differ
It is apparent the 'enhanced' monument is the basis for some claim of right. I wouldn't consider removing it. I've never removed a monument set by another surveyor without talking to them first.
It would be good to get the chain of both monuments into the record
The claim of rights was released by the company who had it set, they agreed it was wrong, the surveyor has passed on, and regardless it will be taken out soon, within a few weeks. Construction project-not by me. It has been put into the record with the CR so that will always be there. I loath leaving a bunch of monuments at a corner, this one has three-two witness corners set in the 1970's marking the original stone and fence corner, and mine at the original position set in 2010. The court agreed and the parties involved agree, including all surface and mineral owners who were party to the lawsuit.
So I have no interest in protecting the enhanced corner
Ha! Reminds me of the time ages ago when I had flagged up a monument on a jobsite with several ribboned lath marked "SAVE!!" I even mentioned it to the super. The monument should have been safe, being away from any actual construction (boy, do I know better now!)
Anyhoo, several weeks later the cat operator called me over and pointed to a broken hunk of concrete with a brass disc still visible, lying in a pile of dirt and said, "I saved it for you."
He was serious. Cue me tearing my hair out and learning a lesson. :pinch:
When backpacking I carry a lathe and a beer. Should I become disoriented, I can stick the lathe in the ground. 5 minutes later when the operator runs over it I can give him the beer and catch a ride...
I read the settlement backwards. Sounds like it's in the record already as well....
Yes, it was recorded in the 1970s, however, since the case was settled out of court there isn't much record of the agreed upon position. I do have the plat produced by the surveyor hired by the plaintiff, but it didn't get filed.
Anyway, there are old records from the company that show the first location with a fence corner and a stone. That was the position everyone used until the 1970ish survey with the enhanced monument which caused the lawsuit.
Devil's Advocate
To reset it with a new monument.
I have reset a few broken bounds in my career. The worst was between a sign and a fence post... Yes, they were tied in and reset in the same location. Pieces of the broken bound were set flush with grade around the reset bound.
Sounds more like a piece of junk than a "monument." Monument to what? Is this "monument" referred to in a legal description of the land? Until this monument is accepted and relied upon by some landowners it has no status whatsoever. Sounds like they rejected it outright to me. So what if a surveyor set it.
Well he didn't actually "set" it, but he did "enhance" it.
There was another 1/4 just over the hill where the county surveyor "found" a set stone and monumented it with a rebar alongside. I went out and it didn't make any sense, so I started to dig up the stone and it was the tip of an outcrop probably the size of a car. About 150' away was a 1930's era cap with some good history so that's the one I'm using.
That's the one I'm using.;-)
There is nothing tied to the enhanced monument, the company the surveyor was working for rejected it, the landowners rejected it, the oil and gas companies who drilled in the area reject it, not sure if the new BLM resurvey will get there (I don't think there is any federal interest tied to it).
Too many monuments for one corner is a bad thing.
That's a good one. I almost stuck a variation of that in my post, too. The beer is a bonus. 🙂
