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(@brian-allen)
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:good:

Thanks Dan, good case quote. That's exactly the legal principle I was referring to.

 
Posted : 12/05/2015 7:18 am
(@jim-in-az)
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What would Jim Simpson do?

 
Posted : 13/05/2015 6:44 am
 ddsm
(@ddsm)
Posts: 2229
 

> What would Jim Simpson do?

From my experience, Jim would suggest reviewing the local Court decisions pertaining to the definition of "Bank". He would point you to page 17 of River and Lake Boundaries

The word "bank" was defined in the 1902 Manual by quoting another case (14 Penn. St. 59) as,"...a bank is defined as the continuous margin where vegetation ceases, and the shore is the sandy space between it and the low water mark." The bank definition is now known as the "ordinary high water mark."

RIP Mr. Simpson.

DDSM

 
Posted : 13/05/2015 8:31 am
(@field-dog)
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Thanks for replying! I'm surveying in Sevilla (PB 3/24, 25) which, is north of Lake Sue and east of Mead Botanical Gardens. I was just looking at Google Maps, and I see how Howell Creek connects Lake Virginia and Lake Sue. I don't remember which way the creek flows. I'll look tomorrow. I wonder if the direction of flow should be noted on the survey.

 
Posted : 13/05/2015 5:38 pm
(@field-dog)
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Thanks for replying! The description was prepared in 1970. The southwest property corner at that time was recorded as being 2' +/- east of the top of bank. The top of bank has eroded about 8 feet. The creek is about 20 feet wide. It's not navigable. I'm pretty sure my state (Florida) is a riparian state. I was told to locate the top of bank. If I can't find the corner, set one in a location where it won't be subject to erosion.

 
Posted : 13/05/2015 6:15 pm
(@field-dog)
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Thanks for replying! Great picture of the creek!

 
Posted : 13/05/2015 6:20 pm
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