I don't need a surveyor to tell me where to put a fence!

I just did a little Survey where the property owner's contractor built his fence several feet onto the neighbor. I came in to stake out the actual location of the line so he can move his fence (he is going to correct the problem). I found original monuments at both ends of the line so it isn't a big mystery.

Representative Iam Smug
Statehouse

Dear Iam,
I have been a constituent of your district and supporter of yours for a number of years. ($1,056/year)
I have never had a complaint about our fine State’s laws until today!
I humbly request you file a Bill to create a LAW to prevent my rights from being invaded by ‘so called’ surveyors!

I bought my property using a PROFESSIONAL Real Estate agent who pointed out, per my offer and acceptance agreement, the extents of my land. I have a RECORDED DEED to prove that I bought the land! I hired a PROFESSIONAL Landscape Architect to design the amenities of my back yard. I have an official PLAN showing the FENCE! This OFFICIAL plan was used to get my BUILDING PERMIT! I hired a PROFESSIONAL Fence Contractor to build my fence. I gave them a copy of my official PLAN and a copy of my BUILDING PERMIT!!!!! The Professional Fence Company (with advertising on an REAL web site) started construction this very afternoon.

When I came home from my meeting of the Young Republicans for Democratic Deregulation Club meeting, I was surprised to find a man, describing himself as something called a professional land surveyor, driving a stob into MY YARD!!!! I could tell it was IN MY YARD because it was inside my new fence posts. (See the photo above)

I asked this ‘so called surveyor’ what he was doing trespassing onto my land without my permission AND asked why he was LITTERING my property with his stobs and a most hideous pink ribbon!!! He could only mumble something about being a surveyor who was only trying to protect the public. What an excuse!!! I AM THE PUBLIC and I demand, request, and beg you, Representative, Smug, to do something about this travesty of justice. I paid $5,200 so far to the PROFESSIONAL fence contractor. He has advised me that there would be an additional fee if he had to move the posts.

As you can see, the ‘so-called’ surveyor is COSTING ME MONEY and hurting the other PROFESSIONALS by causing a problem.

Thank you for your attention,
I. M. Peveed

Representative Iam Smug
Statehouse

Dear Iam,
Since I have not received a reply to my urgent request, I have requested a map from the OFFICIAL County Authority. The PROFESSIONAL GEOGRAPHIC INFORMATION SURVEY (GIS) manager created an OFFICIAL map showing, on a very detailed aerial photograph, (this must be official because only the GOVERNMENT could have such powerful satellite cameras) my land. It had MY name, the DEED number, AND EVEN SHOWED MY HOUSE. The TRUE AND CORRECT Property lines were shown in OFFICAIAL YELLOW and I could tell by just looking at this magnificent map, that my new fence WAS ON THE OFFICIL, TRUE, AND CORRECT LINE.

Please push forward your BILL. I am willing to testify, with my official map, before the OFFICIAL LEGISLATIVE COMMITTEE.

Thank you for your attention,
I. M. Peveed

Dan

I suggest you check Black's for the definition of "Unconditional Right of Disposition."

😉

Internation Incident

Well, if Nicaragua can invade Costa Rica largely because of an line on a Google map...

I'm sure Richard will chime here and say,
as long the owner wants it there ...
... because the deed is faulty

Dan,

I think your post is something of us many have dealt with... but maybe not so humorously. I think it was dead on though.

And another thing

telling the property owner where to build the fence
is construction staking anyway

no need for a survey, a LS or a plat

Well I think Dan needs to check his State laws and get back to us ;-).

Representative Iam Smug
Statehouse

Dang it, Iam…

I’m fed up with this situation. My beautiful Wife has not stopped crying since this DISASTER has happened. Since the fence is not complete, Junior has not been able to play in the back yard!!!

I have taken matters into my own hands. I called the official County GIS agent and request the OFFICIAL Latitude and Longitude values for my property corners. With the help of my Brother in Law, who said he worked on a REAL survey crew one summer, AND using the LATEST IN GPS TECHNOLOGY, (brand new from Wal-Mart this morning) I HAVE SURVEYED MY LAND and have set BRAND NEW monuments (1/2” water pipe purchased from Lowe’s at a great expense). I noted that the ‘so-called’ surveyor had set his stob between RUSTED pipes. I called my PROFESSIONAL Plumber and asked if NEW pipes were BETTER than RUSTED pipes. You can imagine what he charged me for his advice!!!

As you can see, this DISASTER is costing me a lot of money! (My brother-in-law drank a six pack of my beer and wanted me to buy him lunch to boot).

PLEASE, PLEASE, GET THIS LAW PASSED!!!!

Thank you for your attention,
I. M. Peveed

Dave

Yesterday, we retraced your survey on Greenback Lane and found that the distance from one of your pipes to an intersection about a thousand feet away was off by 0.04'. Of course, I will be filing affadavits correcting the descriptions in the Miscellaneous Records section of the Registrar of Deeds. Feel free to file additional corrected descriptions whenever you wish. 😉

I like that better than what I usually find, a post hole dug where the monument was set and a corner post set. Sometimes the monument is alongside of the post, but usually taken away. I try to warn owners who have employed me to survey their property about that. Being a recording state, removing a monument and replacing it with a post destroys the evidence of that survey they just payed for and filed in the records describing the monuments set. Some are now setting two posts, offset about a foot at the corners to preserve the integrity of the survey they just payed for.
jud

Guys, guys, guys...

Quit arguing. The REAL question is:

How does the fence relate to the POWER POLE in the front and the UTILITY BOX in the back?

Therin lies your answer. The real estate agent told me so.

"RE: Spank them Bad Surveyors
Wednesday, March 19, 2011 10:47 AM
From: "Iam Smug"
Thank you for recently writing to my office in regards to my proposed bill “Spank them Bad Surveyors”. Your concerns and comments are of the utmost importance to me. Yesterday in the Business and Consumer Affairs Committee, we heard approximately 36 hours of testimony from many industries. There are a few points I would like to address given the complex nature of this bill. I firmly believe in fostering a climate that is conducive to businesses. Furthermore, I believe we need to remove government involvement and intrusion in many of our industries that serve as a barrier to access and competition. I think we all can agree that we need to get our economy moving again and eliminate obstacles for business, empower the private sector to create jobs and provide greater freedom to our citizens. I sincerely believe in Mothers and Apple Pie. The SBS (Spank Bad Surveyors) alleviates unnecessary restrictions for entry into certain professions.

That being said, I recognize that there are real and significant unintended consequences to deregulating certain industries. My plumber agreed with your plumber that new pipe was better than rusted pipe. While I supported the bill, I did so with the understanding that we will continue to work collaboratively to address some of the issues that were raised during committee. If you would like to discuss further, please feel free to contact me at either the Bar at the Corner at (501) BR-1056 or at the Little Rock Dog Pound at (501) 227-6166.

Thank you,
Representative Iam Smug

Dave

oh no, I'll hang my head in shame.

Please check Blacks for the definition of minimus de rigorous right after you check our State laws then get back to us!

I get now, it's clear after looking and photo.

The fence is being built based upon the approved grading plan
but wait - the final grading and Drainage Certificate isn't yet done

"My plumber agreed with your plumber that new pipe was better than rusted pipe. "

Aha... see? Joe the Plumber in professional collusion with Bill the Plumber and it's costing us heaps of money to go and put in new pipe. See, that's what happens with these professionals. DEREGULATE THE PLUMBERS AND SURVEYORS, AND EVERYONE ELSE, TOO!

[/sarcasm]

One of those mysterious shifting property lines, brilliantly captured during conception! I mean, who is the surveyor to opine about encroachments? Clearly this property owner knows his wont, and I'm sure would be willing to agree to his new boundary. The true professional knows this is incumbent on the surveyor to arrange to get this faulty deed fixed! (viz; Fenceline surveying 101, also see 'Alienation' in Black's Dictionary)

Now THAT post was my number one laugh of the day! LMBO!