You have one lawyers opinion, deral; how does that limit any other lawyer who might challenge your use of deed forms?
Municipalities can get away with a lot of shady stuff simply because it is too expensive to sue them.
You might find Chief Justice Warren E. Burgers 1984 'Report on the state of the judiciary', (an annual report he gave while he was chief justice), where he stated that the American legal system was no longer acceptable for a civilised society.
Richard Schaut
Richard. I have worked with dozens of attorneys and they rely on me for many land ownership questions and always have done so. Research is one of the more important parts of our duties if we are to truly do a complete job.
Maybe I did not understand your comment though.
> Richard. I have worked with dozens of attorneys and they rely on me for many land ownership questions and always have done so. Research is one of the more important parts of our duties if we are to truly do a complete job.
>
> Maybe I did not understand your comment though.
DP, I'm just not understanding something here. HOW can a surveyor certify to anything OTHER than where a boundary line is located on the ground? Are you saying that a question of ownership is a responsibility delegated to the surveyor? I don't get it. I understand that a question of ownership might be based in part on a surveyor's findings, but I don't think the surveyor can make the determination as to whether the ownership is "legal", or not.
Take care,
Ed
The surveyor can only certify to the location of the physical evidence.
The owner's affidavit specifies the designation of 'property line'.
City attorneys or any private attorney's dealing with the city will accept the statements of city employees because the presumption is that the city employee is an 'agent' of the corporate entity under guidance of the city attorney.
Private surveyor have no such 'protection', therefore we must limit our statements to the conclusions from our analysis of the recovered physical evidence.
Remember the definition of Alienation?
Alienation
In real property law, the transfer of the property and possession of lands, tenaments, or other things, from one person to another. The term is particularly applied to absolute conveyances of real property. The voluntary and complete transfer from one person to another. Disposition by will. Every mode of passing realty by the act of the party, as distinguished from passing it by the operation of law. See also Restraint on alienation.
Restraint on Alienation
A provision in an instrument of conveyance which prohibits the grantee from selling or transfering the property which is the subject of the conveyance. Most such restraints are unenforceable as against public policy and the law's policy of free alienability of land. See restrictive covenant.
If the present owner did not participate in erecting the existing physical evidence or did not protest the position of that evidence within the prescribed time limit, they cannot object to the fact that such evidence marks the property line. This determines the information in the owner's affidavit.
Check your state's alternate 'dispute' resolution laws. (Note that the term 'dispute' is one of the problems with our legal system because no 'dispute' exists in those situations where the legal boundary is fixed by the location of established physical evidence but our legal system is an adverserial system but the surveyor cannot 'create' a 'dispute' when the problem is merely an error in the record description, no matter how the 'error' was created.)
Richard Schaut
