Just who was this person offering advice that I insulted? Besides making baseless claims against others, do you have any other talents.....like maybe presenting a real argument?
> ....individual condominiums were established by referencing a point on the land outside the buildings.
@HardAssets. The interesting thing is you came on this board asking for how to handle a .1' error in a "lot" boundary. You ended up with a lot of "you 'aint trained to do that, we are". They are right. Why? Because we end up being the ones that have to deal with the errors of untrained scribners that feel they have every 'right' to mess up the title of any given piece of property. Nothing irritates a surveyor more than having to re-trace a bad description that ultimately becomes unsurveyable.
Because it is a waste of time and money.
Now for some advise. If you want to go forward with this, then consider the following. To claim adverse possession you need much more than a legal of the rooms in question. If you've consulted a lawyer then I'm sure he explained it to you.
As to your "condominium" type easement. A simple tie to any of the corner monuments of the "lot" with a correct bearing and distance (based upon a survey of record) should be enough to anchor your legal description.
But I do not know the laws of Texas since I do not reside there. You should consult a Texas Surveyor oh like maybe....
I don't know why one worries about a misclosure on the parent tract. I also don't know what the "misclosure" is. Is it in the description of the parent tract, or in the difference in the location of the pins vs. the math? Are there actual "bounds" calls on the parent description? calls to the physical objects or adjoiners would be the higher order of calls and if the description mathematically closes within a tenth of a foot, it certainly should be close enough to actually find the corners. If written correctly, the (bounds) calls take away any and all mathematical misclosures.
The new description should not worry about the math so much as specifically calling to the spaces that are being claimed (again the dang bounds calls).
Why does someone post on a public forum and not expect comments on the side-concerns. If you don't want others to comment on your dirty laundry, don't air your dirty laundry for the public to see. You're such a legal expert, then why did you get into the situation your in? If you were in a hostile living environment with your (non) spouse, why wouldn't you expect the sister to come after some of the assets? I don't know about a joint-access, and why that would not be a prescriptive rights call either. I don't know about Texas law, but I would worry about the "permissive" part of you staying there. A court would certainly wonder such concerns. Of course your lawyer is your advocate and wants you to pursue this avenue, it makes him or her money. You might listen to some independent views on the subject as well. A lot of surveyors are pretty knowledgeable on boundary and title issues, even though they are not legal experts. You're getting some pretty good free advice on this forum, and you're acting like a child.
The only opinion you thanked someone for, that person might have been pulling your chain....but maybe I shouldn't have advised you of that, and let you carry on with your chip on your shoulder. It's pretty entertaining.
That's nonsense! I am not "practicing the profession"! That would entail providing surveying services to someone and presumably charging for those services or perhaps not charging for it. It might even entail charging someone for services and not providing them.
In any case, I'm doing none of that! Have you ever changed out a leaky valve or plumbing fixture or hung a ceiling fan on your own? Or do you always call in the licensed plumber or electrician for these matters? They did have to pass a complicated test, based on law and practices, and you presumably haven't? Are you equally outraged when a kid pulls out a tooth with a string? Do you step into the breach to defend the dentists and squawk just as loudly in those types of cases?
Oh...btw....I never said that I had no intention of having this "property" surveyed. I said I wasn't in a position to presently.
But it's so darn entertaining!
Oh Tom... you are taking all the fun out of this.... 😉
I take it you're one of the anal cantankerous surveyors described to me in an earlier post. I do appreciate all the helpful relevant comments and there have been many.
" I actually thought that the posters here were surveyors. You're right though....I am quite confident that I know more about the legal aspects of real estate than the average surveyor.
There's a big difference in describing metes and bounds and conducting an actual survey. Besides creating a metes and bounds description isn't brain surgery"
Sounds like an insult to our intelligence and experience. Just saying.
-V
I could help but notice that you failed to mention the post I was responding to:
"Hardassetts, you are confident that you know more about the legal aspects of this property issue than the experts that have responded. I find this very unlikely.
That said the 0.1 foot closing gap is not significant. If you are not a surveyor, you almost certainly have errors bigger than that."
Notice he refers to "experts of legal aspects of this property issue". Maybe you can tell me specifically who he was referring to?
Then he says I will almost certainly have errors bigger than a 0.1 foot closing...another totally baseless claim...but it's me who's being insulting?
So just so I understand...in your mind...creating a metes and bound description has a degree of difficulty equivalent to brain surgery?
> That's nonsense! I am not "practicing the profession"! That would entail providing surveying services to someone and presumably charging for those services or perhaps not charging for it. It might even entail charging someone for services and not providing them.
>
> In any case, I'm doing none of that! Have you ever changed out a leaky valve or plumbing fixture or hung a ceiling fan on your own? Or do you always call in the licensed plumber or electrician for these matters? They did have to pass a complicated test, based on law and practices, and you presumably haven't? Are you equally outraged when a kid pulls out a tooth with a string? Do you step into the breach to defend the dentists and squawk just as loudly in those types of cases?
>
> Oh...btw....I never said that I had no intention of having this "property" surveyed. I said I wasn't in a position to presently.
You are correct when you state that, although I'm not a licensed electrician or plumber, I can change a light fixture or install a hose bib on my property without a electrician or plumber involved but they are not filing a record that would be followed by another professional at a later date.
You are practicing the profession when you takes steps that would be required of a professional, which you are doing. Sadly, you've obtained some information from a lawyer or trying to come up with it yourself, which is not correct. The areas you suggest are smaller than most lots that are sub dividable.
The fact that your client is yourself has no basis for the fact that you ARE practicing the profession of surveying. You are benefiting from whatever you are doing which would be a service you provide for yourself for your own benefit.
I'm outraged due to your defiant verbiage when someone tries to tell you that what you are doing can't be done or trying to gain further information to make a knowledgeable answer. You are typically getting answers from surveyors outside the state and unaware of the laws and rules of said state.
I have to say that this thread is quite entertaining to read.
HardAssets, you remind me of the type of folks I run into in my profession (I pretty much just lurk on this forum). I engineer and install computer networks (mainly wireless networks) for a living. I love folks like you that ask for advice, and then won't even really consider it may have some value to look at an alternative point of view.
This reminds me of a recent episode where I was working in a hospital optimizing their new wireless network. One Doctor couldn't get on the internet. He suggested I should just "Go unplug the Internet and plug it back in" because "that's what I do at home to fix it". I wanted to ask him if I could scrub in with him on his next surgery since I had experience removing splinters with tweezers. Same thing right?
Sounds like he wants to subdivide the house, that is how condominium ownership is divided. Its not an approved condominium, house on the property or not, it is all one unit of land and probably described using a Lot and Block description. Don't think you can create a substandard unit of land by replanting the lot. Adverse Possession requires that you have a legal reason for making the claim such as having a common boundary line, you don't. From what I have seen of your posts, I will not be wishing you good luck and be rooting for the sister. Who was this woman who owned this house you chose to occupy in a hostile manor, your mother?
jud
This thread reminds me of the driver who is hopelessy lost, pulls over to ask the surveyor on the side of the road how to get to somewhere that is far from where he currently is, and then argues with the surveyor when he gets directions.
I guess I just find it amusing that you come onto this board, to ask our opinions on how to deal with your problem, but feel the need to explain to us all that you know more than us.
I find the people on this board to be a valuable resource. If by posting here, you have obtained the information you think you require, then you should consider them as I do, and treat with respect.
-V
No response from Kent? I hope he's okay.
You're a funny guy...uninformed but funny nevertheless! What law school told you that you have to have a legal reason to make a claim for Adverse Possession? Just how is having a common boundary line a legal reason? Do you even realize just how ridiculous you sound? Did you know it's possible to adversely possess someones property and become owner without even knowing it..much less intending to.
Like most forums, clowns like you look forward to someone coming along and asking simple questions so that you and your comrades can attack them rather than offer legitimate answers to legitimate questions.....especially about things you obviously have no real knowledge about!
As far as you "wishing me luck", you would be far better off just keeping any luck you have for yourself.
> I take it you're one of the anal cantankerous surveyors described to me in an earlier post.
Allrighty then..
There was an earlier thread started by a guy going by 'JB' where he said:
"If you are going about your day and run into an A*#hole, you just ran into an A*#hole, nothing more, nothing less. Get back to your day and forget it. If, however, everyone you run into is an A*#hole, YOU'RE THE PROBLEM."
The nature of your question in and of itself tells me that you don't know the most fundamental important issues in writing a legal description. You don't even know the more important questions to ask. And it looks like no one can even advise you as to what questions you should be asking. a tenth of an error in the parent parcel? Who cares?
You might even want to hear some of the considerations you should think about in regards to adverse possession. Asking you advocates who want your money is a good idea, but getting information from independent sources who have actually probably witnessed and testified in adverse possession cases might not hurt as well. I'll bet you that a number of the guys here could even cite you court cases that back up some of their adverse possession points.
Good luck and I hope you are able to chase down that 0.1-foot problem.
Someone must have made him cry.
Nah, he's not practicing surveying without a license. To whom has he offered his services? And for what fee?
I am sure that a judge, should he prevail, will require a stamped plan, if he's defining property lines.
Please do keep us updated with the results of your efforts. This could be a survey new product for me to offer if it passes muster with the courts.
Very entertaining thread.
As for the bit players, Kent McMillan is one of the Texas Surveyors I would be worried about if he sat down as a witness for the opposing attorneys. I don't know if he even does surveying that don't involved litigation anymore. It looks like any free advice you might have gotten from him dried up in response to your suggestion that he learn about AP. You don't realize how big a laugh that was.
Good luck with your endeavors and please update us when the dealing is done.
Andy Nold, RPLS
Fort Worth, Tx
It's the bounds that count, the metes aren't necessary to describe what you want except for area calculation. The bounds control.
