1970 subdivision probably means the surveyor did not have an EDM. This was a transit chain survey laid out like most of those surveys were. Finding an original monument near an old fence corner should be a happy dance moment. The default position is always to accept a monument, it's on the rejector to prove it's been disturbed. Maybe it can be argued that the fence corner occupies the original position, but that's probably it.
That's only my opinion from a distance without any knowledge beyond Skeeter's description.
His seems very reasonable.
Many years ago I was following the work of an excellent surveyor and found a two foot mistake. It was a case of a subdivision with no alley between lots facing parallel streets. The lots on the west had a different layout than those on the east. This created tricorners along the common back line of a property. In this specific case, the distances between two corners of one lot and the divide line between two lots fell at 24 feet from one corner and 26 feet from the other. The plat indicated that should be 26 feet (not 24) and 24 feet (not 26). A very simple mistake to make, especially if holding a tape with 0 on one corner and 50 on the other.
I'm in the same camp as Stacy Carroll (and most likely the majority of folks here) that I would rather get a call to discuss my survey if another Surveyor disagrees with my conclusions. I've run into a couple of the "newly registered" folks over the past 30 + years, but never one who took the stance you describe above. In regard to him filing Certificate of Survey indicating the monument "appeared to be disturbed" and your inspection of same does not indicate this condition of the monument, I would venture a guess that if this goes any further, the newly registered individual is about to learn a very valuable lesson that we all have learned over the years...
Apparently the only recourse would be to go Court to have him remove his pin which he stated.
Don't you have a State Board of Registration or Licensure?
A few days ago, he used a skid steer bucket to round up all of the junk and tore out the bar by accident. The old fellow wants to put a bar back where that one had been at his own expense, even though it is the fault of the neighbor.
These two statements are at odds with each other. If he tore out the bar how is his neighbor at fault?
It was the neighbor who piled scrap in the corner and then removed it. Must not have phrased my collection of pronouns correctly.
I'm looking for advice on how to handle a Pin Farmer. An old Client called me about a new pin that had been set 2.20 feet from his fence corner. He was concerned because the new pin put his entire western fence trespassing on the west neighbor's property. I went out and verified the situation. The original pin was still in place at his fence corner and the new pin was indeed 2.20 feet inside his fence and also directly in line with his north fence. I contacted the Surveyor, newly licensed, who had set the new pin by email requesting his methodology and reasoning for setting a new pin. He replied quite belligerently that in his professional opinion the original pin had been disturbed and he was going to stand by his pin. He also stated he was offended that I would question his pin's position. Apparently the only recourse would be to go Court to have him remove his pin which he stated. An expensive endeavor. I advised my client to notify his neighbor to the north that his Surveyor had created a 2.2 foot jog at the fence corner and he would have to construct his new fence to his Surveyor's pin and not to my client's fence corner to avoid trespassing on the neighbor to the west. A pretty stupid situation created by an Egotistical Surveyor. Opinions?
I'll do a bit of devil's advocate and say just because a guy is arrogant doesn't mean he's wrong.
But clearly poor form to not share your survey even if you're unwilling to discuss it.
Maybe an experience like this will be humbling for the guy.
Take the young surveyor out for lunch and a beer. Show him the light or lite. Whichever.
Order yourself a good micro, and hand him a Bud Lite?
