To the moon, Alice
v
Gets even better. They used the Northing of the midpoint of the N-S line together with the Easting of the midpoint of the E-W line in some kind of ersatz center-of-section corner move on paper. This puts their calculated center of section 5' S and 11' E of the mathematical intersection and reported monument, and dividing the S 1/2 of the N 1/2 of the NW 1/4 of the NW 1/4 of the SW 1/4 from that fits all the fences. Back in 1985 someone did a lot line adjustment that got approved but never recorded, then sold the two lots based on quit claim deeds and aliquot part descriptions. Somehow they got tax parcel numbers. I believe that as part of the unrecorded LLA, someone did some "mathemagical" surveying resulting in the lines being where they are today. Confirmed that both fences have been there 20+ years with any new sections rebuilt on the old lines, the occupation squeezes the mathemagical solution on the north to the accepted county breakdown on the south. One adjoiner has been there 20 years, the other has been there 30. Seems like everyone is happy and on their way to being good neighbors. I staked it today.
?ÿ
Surveying isn't difficult if you hold to a couple of principles.?ÿ
There are two types of surveys: one, is an original survey; and two, is a resurvey of the original survey.?ÿ Once a original survey is performed and the land owners accept the lines and it sits there for 20 years...Voila!?ÿ Those are the corners and the lines in spite of mathematical error.
When doing a resurvey the surveyor needs to locate where the corner is and not where it should be.
It's really quite simple.
@half-bubble Very close to my point, though unwritten rights is a different subject. An imperfect subdivision of section is valid and no transfer of right needs to occur.
@true-corner I have to disagree on this point. In the PLSS the term 'original survey' only includes an accepted federal authority survey. Dependent resurveys and subdivision of sections did not enjoy the level of review and record keeping of the GLO surveys, nor did they have the protection of U S code. We absolutely should honor the monuments rather than place our own 'where they should have been set', but they ard not original under the plab of the PLSS.
It is true that we should differentiate between an original BLM/GLO survey and all other original surveys, but they both are presumed to be correct regardless of measeemeunt errors, so often the difference doesn't matter. One difference is that A BLM/GLO survey that is based on a boundary previously established under state authority is often considered an original survey because it is original to the federal record.
There is a bigger difference between BLM/GLO resureveys and all other resureveys. Until statutes of limitation have been met a non BLM/GLO resurvey can be overturned in court just by convincing a judge that your interpretation?ÿ of the boundary is better. An official resurevey can only be overturned by proving fraud or gross error (like missing an undisputied original monument).?ÿ
I recently reviewed a survey, that re-broke down the section. Rejecting work by the county surveyor, by 1', 3' 6' and the like.
True professionalism means being able to see over the rim of the mug you call your world.
Continuing Education Today, needs to move in the "other direction", away from perfect sectional breakdowns, towards being able to accept long standing corners, and to realize that the absolute pedigree of the exterior section corners is only there in concept, but not in fact.
Nate
Perfect section breaksowns aren't the issue. It's the gross misunderstanding of what that term means. Accepting longstanding monuments in spite of math should be our definition of 'perfection'...
I wouldn't consider unwritten rights to apply here.?ÿ
unwritten rights is a different subject. An imperfect subdivision of section is valid and no transfer of right needs to occur.
Thank you, this is the sage advice I needed. It's not unwritten rights, it's an imperfect subdivision of section? Not so much that it's been there long enough for unwritten rights to ripen as it was that way all along? Is there anything specific I can read on this?
Perfect section breaksowns aren't the issue. It's the gross misunderstanding of what that term means.
"Perfect" as in perfect mathematical solution, or "Perfect", as in title to existing monuments within the section is "perfected".
The difference lies in the philosophy of little strips of land, (increasingly smaller), and finally achieving a point where the monuments themselves are unity, perfection, and not going to move.
These dancing corners need to stop dancing.
N
I have found most authors unwilling to speak plainly on this subject. They either stop at the end of the basics or go full on Lucas.
I spend time reading IBLA cases and boundary dispute decisions related to the jurisdictions where I practice. You can extract a TON from what is in the public domain. Stick with things appellate courts and above to avoid adopting goofy things destined for reversal.
@nate-the-surveyor Exactly.
Idaho has a bill coming forward to allow center quarters and sixteenths to be used as PLSS ties if the corner has a modern corner record. The idea is to lend stability by stopping the perpetual mathemagical violence imposed by those with little experience and impeccable math.
Food for thought for our PLSS brothers and sisters...
The idea is to lend stability by stopping the perpetual mathemagical violence imposed by those with little experience and impeccable math.
Now, that's the quote of the decade!
Nate
With all the federal interest in Idaho this could cause a lot of confusion. Do you have link to the text of the proposed legislation?
@aliquot?ÿ
I'll see if the Board has it up on the site yet. I'll get you a link or send you the letter with tbe text.
I'm not sure I follow you regarding federal interest land. You will still need to recover, rehab and document controlling corners when establishing lines. This is simply recognizing that well documented subdivision corner monuments should eventually become sufficient to tie things together. You will still need to meet all applicable laws, rules, standard of care and contractual obligations when performing federal authority or interest surveys.