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Handling inaccuracy and the positions of existing monuments

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(@peter-lothian)
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roger_LS, post: 400509, member: 11550 wrote: The fact that this has gone on so long may be more a reflection of us than anything else. Would you continue a conversation on the street with a crazy man for 40 days straight? Have to give it to him that he has kept things lively. Speaking of keeping things lively, I'm surprised Kent McMillan hasn't weighed in on this one. That ol' boy loves a heated debate more than any of us out there. Hope he's doing ok.

I think Kent recognizes the distinction between engaging in debate, and talking to a brick wall.

 
Posted : November 21, 2016 9:16 am
(@edward-reading)
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"Speaking of keeping things lively, I'm surprised Kent McMillan hasn't weighed in on this one. That ol' boy loves a heated debate more than any of us out there. Hope he's doing ok."

😉

 
Posted : November 21, 2016 9:18 am
(@holy-cow)
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SHHHHHHH!!!!!!!!! Don't wake the beast.

 
Posted : November 21, 2016 9:22 am
(@paden-cash)
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Edward Reading, post: 400513, member: 132 wrote: "Speaking of keeping things lively, I'm surprised Kent McMillan hasn't weighed in on this one. That ol' boy loves a heated debate more than any of us out there. Hope he's doing ok."

😉

While I'm pretty sure Kent enjoys mud wrestling with pigs as much as the pig; it has to be a smart pig before Kent gets interested.

 
Posted : November 21, 2016 9:45 am
(@roger_ls)
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Peter Lothian - MA ME, post: 400512, member: 4512 wrote: I think Kent recognizes the distinction between engaging in debate, and talking to a brick wall.

Could be, but I've not known Kent as one to excercise restraint or pass on a chance to make one an idiot. This dued has successfully exploited the disdain we've got toward measurements and got us all riled up. Then miraculously Nate's post is brought back to life by an interesting new character called Tom 123, a thread where Kent was previously ganged up on and humiliated. Motive anyone? But here we have a much more sophisticated Francis engaging in legitimate critiques, right or wrong, and they happen to be the same issues that Kent had previously brought up, and the language used seems eerily similar.

 
Posted : November 21, 2016 12:46 pm
(@francish)
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On what basis are these beliefs founded? Assuming our actions should be guided by court decisions, which I believe we could all agree is indisputable, Is there more current legal authority at odds with Cooley that we should be considering? Or do these opinions of yours rest solely on the simplistic reasoning that because this decision is old, it is outdated.

You follow court rulings when they depend on basis which you as a professional surveyor are using everyday. If they contradict what you believe in then as a surveyor you have to challenge it by bringing your beliefs before a state or federal judge. You remove a monument that is out of place on the ground and move it to its appropriate location. Let the neighbor sue you and bring the case to court. That's the only way that outdated practices can be reversed. You do know that even US Supreme Court rulings can be reversed right?

So if a court says that 1 yard = 1.5 paces, and you think that pacing is no longer a valid measurement unit in surveying then are you saying you are sticking with that court ruling?

As a professional surveyor aren't you confused that a deed has no use in surveying because the corners that it describes do not lead to ground corner locations. If no one follows the deed then why do you need it in the first place?
If owners can set their own corners and guard it with a fence and a gun and a surveyor can't even declare that the owner encroached on a neighbor then why are you in the surveying profession in the first place? What's your use in civil society? You are just a useless profession that can't locate corners unless it's already on the ground. If you do locate corners, you just look for the oldest marker even if you know it's out of place.

Again, what are you charging your clients for when they can do exactly what you did on their own lonesome!!!

 
Posted : November 21, 2016 7:43 pm
(@edward-reading)
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blah blah blah Ginger blah blah blah.

 
Posted : November 21, 2016 8:01 pm
(@bushaxe)
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I have always let the above order of importance of conflicting boundary evidence be my guide. - From Brown's Boundary Control and Legal Evidence. In this order of importance, Brown recognizes that surveyors will continue to improve their methods of measurement, and therefore lists "distance and direction" and "distance or direction" below monuments.

I have attempted to cut and paste from a website using my my phone rather my actual copy of this publication. One item appears to be missing, "coordinates". "Coordinates" fall dead last on the list.

Sent from my iPhone using Tapatalk

 
Posted : November 22, 2016 1:23 am
(@dave-karoly)
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The problem with that list list is A. should not include a conveyance. In fact, unwritten conveyances are illegal. Establishment doctrines do not transfer title, they establish location of title. Adverse Possession does not transfer title, it extinguishes record title and a new title springs forth, this is an important distinction.

 
Posted : November 22, 2016 6:11 am
(@deleted-user)
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Dave Karoly, post: 400636, member: 94 wrote: The problem with that list list is A. should not include a conveyance. In fact, unwritten conveyances are illegal. Establishment doctrines do not transfer title, they establish location of title. Adverse Possession does not transfer title, it extinguishes record title and a new title springs forth, this is an important distinction.

I'm not going to "like" your post.
Unwritten rights is stated to show that they may supersede the other elements for boundary location. Evidence that demonstrates abstract thought.
Don't twist the meaning of the list to demonstrate title concerns.

 
Posted : November 22, 2016 6:54 am
(@james-fleming)
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Edward Reading, post: 400513, member: 132 wrote: "Speaking of keeping things lively, I'm surprised Kent McMillan hasn't weighed in on this one. That ol' boy loves a heated debate more than any of us out there. Hope he's doing ok."

I'm only in this tread because I googled "tedious" and the first link brought me here 😉

 
Posted : November 22, 2016 7:45 am
(@paden-cash)
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What a hoot. I've never messed with the "ignore" button here until recently. And I can report it works. But scrolling through the post with one specific poster ignored is really hilarious. Makes it look like we're all arguing with ourselves.

 
Posted : November 22, 2016 7:52 am
(@peter-ehlert)
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true Robert, kinda.
That list, taken out of context, is a little misleading.
Then so again is Dave's statement about the statute of frauds going on to list unwritten title changes by adverse possession...

The whole of which is obviously beyond the comprehension of this " FrancisH" persona....

 
Posted : November 22, 2016 7:59 am
(@peter-ehlert)
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paden cash, post: 400657, member: 20 wrote: What a hoot. I've never messed with the "ignore" button here until recently. And I can report it works. But scrolling through the post with one specific poster ignored is really hilarious. Makes it look like we're all arguing with ourselves.

considering that "FrancisH" is actually one of "us" (but not necessarily posting in this thread), it is rather amusing.
(spoofing the IP is rather simple, Tor does it well)
(I have been sworn to secrecy, but it tires me)

 
Posted : November 22, 2016 8:03 am
(@deleted-user)
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Peter Ehlert, post: 400659, member: 60 wrote:
The whole of which is obviously beyond the comprehension of this " FrancisH" persona....

Yep
His opinion posts are getting more obtuse and redundant . It's the same old song....so here is a musical interlude

[MEDIA=youtube]uS2nWLz-AbE[/MEDIA]

 
Posted : November 22, 2016 8:17 am
(@tom-adams)
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from Indonesia for now......

 
Posted : November 22, 2016 9:06 am
(@bill93)
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I don't buy the conspiracy theory. If FrancisH is a US surveyor who is having fun pretending to be someone else, he certainly did a lot of pre-planning. He registered over a year ago and has made several posts mentioning Singapore before this thread.

 
Posted : November 22, 2016 9:24 am
(@tom-adams)
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Bill93, post: 400671, member: 87 wrote: I don't buy the conspiracy theory. If FrancisH is a US surveyor who is having fun pretending to be someone else, he certainly did a lot of pre-planning. He registered over a year ago and has made several posts mentioning Singapore before this thread.

He sure sounds like that retired Mr. Hees that Paden found to me. A couple of guys feel that they know who it probably is...but I tend to agree with you more.

 
Posted : November 22, 2016 9:55 am
(@warren-smith)
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The sense I had was that his grammar seems forced. That is, written as though an otherwise erudite English speaker was "dumbing down" his dialogue. His opening and closing sentences took on that flavor, and the body would be structured in a much more organized fashion - albeit with a strained premise.

Regardless, it was designed to bait responses and, boy howdy, it was effective.

 
Posted : November 22, 2016 10:03 am
(@deleted-user)
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I don't think the poster is an imposter. I believe that he is like Popeye the Sailor,
I yam what I yam and tha's all what I yam." Some Filipino engineer tech surveyor, who wouldn't know a boundary monument unless his RTK took him there.
He is obstinate and tosses disparaging comments like a troll does. But there have been worse trolls here since I have been here and the other place before etc for 15 years or so.

Theses posters do compose posts in similar styles that leads one to believe they could be the same person.
I guess it's a personality trait.
Through the years,I have noticed this style, use of CAPS and the way they call people out in the posts.
Yknow there are some popular posters here who are deceptively trolling too. But they get a pass.

 
Posted : November 22, 2016 11:05 am
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