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If that's my corner, where's his?

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foggyidea
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I had a little project on the Nantucket Sound side in Harwich last week. The goal was to determine "who owned the tree."

My client had a septic plan prepared which showed the particular tree at the corner, the neighbor had one that didn't show a tree anywhere. A new house is being constructed on the NE lot.

Just so you can visualize, four lots intersect at a corner. My client is the SW lot owner, the new house is in the NE quadrant, and the owner of the lot at the NW quadrant is in favor of removing the tree. Of the four property owners three want to remove the tree and the SE lot owner says "No, that's my tree, or prove that it isn't!"

We go out and commence our survey. These lots are 40'x80' and most have been purchased in pairs and the houses could be considered "Trophy" homes except that the lots are small!

We locate about 6 concrete bounds including a few form some nearby Land Court cases. I find that everything checks with 0.17' so I proportion out the back line and get to staking. The client had asked for a stake 5'-10' from the corner and one at the corner.

I set the line stakes and find that the actual corner falls on the tree (duh) and is on the trunk where it flairs out at the bottom. I am able to set a spike in the tree (8" nail actually) and then I go get the client to review what's we have done. I show him the lines stakes first, and since on falls on his of the fence we have to walk around the fence to the corner.

I show him the corner and tell him that it runs to the stake on the other side of the fence. A blank "deer in the headlights" look is his response, "What stake?" "The one that I just showed you on the other side of the fence," says I.
"Huh?"

Still with the questioning look he points to the nail, "so if that's my corner, then where is his?" "Hmm, well y'all share this corner, all four of you!"

At that point we have to discuss the tree, of course. The tree falls about 90% on my clients land. And that's the end of the story as of Thursday afternoon!

"So where's his corner?"


 
Posted : November 14, 2016 7:44 am
holy-cow
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That's a great story!

Explaining how it is that each of the four owners gets to claim his/her share of the 8" nail you set sounds so simple to us but so unbelievable to some clients.

Time for a tree to disappear and a lone survey monument set to replace it.


 
Posted : November 14, 2016 7:51 am
peter-ehlert
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illustrating a line with a point, hard to do


 
Posted : November 14, 2016 8:31 am
Tom Adams
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Peter Ehlert, post: 399498, member: 60 wrote: illustrating a line with a point, hard to do

What's your point?
(or maybe that one-liner was your point.)


 
Posted : November 14, 2016 9:30 am
mattharnett
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Friday, I rammed a pin into a giant white oak stump. One of the deeds called for it and it was a three-way common corner. Apparently, the three landowners all "chipped" in to have the tree taken down. Nobody wanted to chip in on the stump chipping. My client asked me if I thought the pin might drift over time. I told him probably but I couldn't tell him what direction it might go or how long it would take.


 
Posted : November 14, 2016 9:44 am

DeletedUser
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Did you really say "y'all" to those Yankees?
Must have given them pause.

Here in town, (and this is a conservative area), you need a permit to take down that tree. It's not much of a fee but one is needed.
All the landowners would get the right to say their piece at some point before some city body.
If someone wants to stir it up, they just cut down the tree at an opportune time when no one is around and then pay the subsequent fine that will be eventually imposed.


 
Posted : November 14, 2016 10:35 am
foggyidea
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I do use "y'all" frequently. My mother was born and raised in Americus GA and I went to the Univ. of Ala. Roll Tide Roll! I was moved to Cape Cod from North Dakota when I was 11. I am a confused Yankee 🙂


 
Posted : November 14, 2016 10:44 am
peter-ehlert
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Tom Adams, post: 399503, member: 7285 wrote: What's your point?
(or maybe that one-liner was your point.)

funny
many years ago biker buddy with a 1/4 1/4 up in the rugged hills of Humboldt County, California wanted me to recon his lines, encroaching gardens were suspected.
I researched, then walked it with my Brunton compass and recovered posts and pins and line blazes. All looked good.
Then I brought him out to show him what I found, a very long walk in nasty country.
He was fine for a while, then he flipped. "BFD! where the eff are my Lines!"
So the next day at dawn we went out with a couple more buddies and flagging. I ran my Brunton, they wacked brush the cut staubs, the lines got marked and flagged so it was all intervisible... a very long day.
My buddy was quite happy. If I had understood what to do that first day it would have saved a whole day of work.

"illustrating a line with a point, hard to do" 🙂


 
Posted : November 14, 2016 10:45 am
foggyidea
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But Peter, illustrating a "point" with 2 stakes and a corner is pretty obvious 🙂


 
Posted : November 14, 2016 11:06 am
RADAR
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foggyidea, post: 399488, member: 155 wrote: Still with the questioning look he points to the nail, "so if that's my corner, then where is his?"

[SARCASM]He's probably seen or heard about enough pin cushions; that's what he expected...[/SARCASM]


 
Posted : November 14, 2016 11:19 am

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foggyidea, post: 399518, member: 155 wrote: I do use "y'all" frequently. My mother was born and raised in Americus GA and I went to the Univ. of Ala. Roll Tide Roll! I was moved to Cape Cod from North Dakota when I was 11. I am a confused Yankee 🙂

I remember you mentioning your Southern roots before.
I have lived in South for over forty years now and 'y'all' is in my lingo.
When I visit my roots in North Jersey- Tony Soprano land and I drop y'all in conversations, the eyes of whom I sam speaking to, tend to shift side to side.
Yes Bama is rolling with their freshman QB. He getting bigger,stronger, and better each week. I though LSU with their defense would ring his bell to give the Tigers a chance but he stood the test.


 
Posted : November 14, 2016 11:50 am
Andy Bruner
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foggyidea, post: 399518, member: 155 wrote: I do use "y'all" frequently. My mother was born and raised in Americus GA and I went to the Univ. of Ala. Roll Tide Roll! I was moved to Cape Cod from North Dakota when I was 11. I am a confused Yankee 🙂

I grew up about 30 miles south of Americus. But I moved away from there nearly 45 years ago.
Andy


 
Posted : November 14, 2016 12:23 pm