FISH ON!!!!
> A #4 rebar knife to you...
> For cutting to the chase...
Yes, having a #4 rebar knife has been tremendously empowering. I can't believe that most surveyors don't have one.
My point is try to describe what you intend to survey, but don't sound as if you surveyed it yourself. If you win, and that should be a capital IF, the judge will most likely order it to be surveyed. That's why the intent is so important. A surveyor needs to be able to determine what you are trying to claim. Be very descriptive with bounds, but vague with metes. Let a licensed surveyor handle the metes.
In my opinion what you are trying to accomplish is a long shot at best. Take photographs of everything you are "possessing". Courts like visuals.
Let me ask you this genius....if a man from Arkansas and a woman from Arkansas get married in Arkansas....then get divorced in Arkansas within 90 days......are they still cousins?
There is a famous surveyor saying...
"IT DEPENDS"
DDSM
(my cousin would have writ me a deed 'afore her demise...I would have clear title...and my other girl cousin would have nutting')
Oh so now it's time to qualify it to the narrow portion of the law that pertains to land boundaries. That wasn't what we were talking about then....we were discussing adverse possession.
You don't and you do!
Judges love dimwits
They help them get through the docket so much quicker than normal. It only takes a few minutes for the nice folks in white coats with hypodermic needles to arrive with the special jacket with super-long sleeves with little buckles on the end of them.
Judges love dimwits
I'm sure you speak from experience!
> I think this is my favorite post ever, and over a tenth!
POTENTIALLY the greatest post ever. Still has a ways to go, but it's a five star prospect!
Kudos Mr.Cook. I like your game plan.
Steve
I started with the first set when I should have started with the second. It then closes but create lines that overlap.
I'm in Texas and here you only need a license to offer services to the public....something I have absolutely no intention of doing.
You need to reconsider that statement. If you investigate Texas law you will find that preparing such a "survey" to present in a court of law as a legal document of evidence is indeed practicing surveying without the benefit of a license. Understand this, surveyors comprehend adverse possession ten times better than a carpenter. It's what they do on a daily basis.
To come on this site and insult professionals in this field is simply stupid. I've got a dollar that says you are going to lose this case. Big time. I'd never go into a court of law where my case was built on the perversion of a rule of law. I simply do not think the judge will see this as a case of adverse possession. You have a lawyer that is telling you this?? You are about to spend a boatload of money for nothing.
From the Texas Minimum Technical Standards:
(6) "Professional surveying" means the practice of land, boundary, or property surveying or other similar professional practices. The term includes:
(A) performing any service or work the adequate performance of which involves applying special knowledge of the principles of geodesy, mathematics, related applied and physical sciences, and relevant laws to the measurement or location of sites, points, lines, angles, elevations, natural features, and existing man-made works in the air, on the earth's surface, within underground workings, and on the beds of bodies of water to determine areas and volumes for:
(i) locating real property boundaries;
(ii) platting and laying out land and subdivisions of land; or
(iii) preparing and perpetuating maps, record plats, field note records, easements, and real property descriptions that represent those surveys; and
(B) consulting, investigating, evaluating, analyzing, planning, providing an expert surveying opinion or testimony, acquiring survey data, preparing technical reports, and mapping to the extent those acts are performed in connection with acts described by this subdivision.
The smile in the profile picture says it all.:-P
> The smile in the profile picture says it all.:-P
Yup. A Cook's comments were my favorite part of this thread.
Very good advice indeed.
This IS fun.
You have no idea what you're talking about! I'm not preparing a survey...just a description of what I'm claiming. I could hand draw the damn thing and , provided it was on the right size paper, I could present it in court. I'm not presenting it in court anyway. While I would certainly expect a surveyor to have more knowledge than a carpenter would (whatever that proves) there is a helluva lot more to adverse possession than establishing boundaries and I can assure you the average surveyor wouldn't know all those intricacies.
I haven't insulted anybody who didn't insult me first. Only an idiot would call something that's been common law for centuries a perversion of the rule of law...especially not knowing all the facts. Do you really think people always file suit with the intention of winning in court?
You blowhards just keep coming out of the woodwork to claim expertise in law. How many more of these so-called experts can there possibly be on this site? You should probably just stick to surveying!
I am sure that he will be back in the future to tell us all how he gloriously prevailed in court, overcoming all obstacles, confirming his opinions of all of us.
At that point the question as to his county and docket number will come up and....
Things will go totally silent.
You have physical objects that are visible, you can touch them and see them there isn't any question of where they are so just describe them by telling what they are. Reference a drawing and you have a description, call out the lot, block, town ect. Metes aren't all that important with this type of description. If you really want metes make them simple but incorporate the bounds as you go. South along the east line of the living room 24 feet more or less to the southeast corner of said living room, ect.
I like long shots once in a while. Winning has many faces!
And you're winning now, you clever S.O.B:-)
Don
I like OCEANH.
Open, Continuous, Exclusive, Adverse, Notorious, Hostile. Add color of title for some benefit and take out the exclusivity for prescription.
AP was on my license exams, so I guess I should know a few things about it.
As we are generally the ones who have to depict the evidence of AP, we are generally very familiar with the requirements. When's the last time you saw a lawyer in the woods while not on vacation? Able to express the full legal opinion: no. Able to assist the attorney by providing the pertinent evidence for his or her use proving or disproving AP: yes.
I still find it odd that a full metes and bounds would be required:
An area claimed by AP or PE being described as follows:
Commencing at the midpoint of front door of the premises;
Thence on a heading towards the kitchen, approximately five big steps, having a width of approximately 3 feet by the walls of the domicile;
Thence on the heading towards the bathroom, approximately three big steps, having a width of approximately 3 feet by the walls of the domicile;
Terminating at the side entrance.
Meaning and intending to include rights to the kitchen and bathroom with a specific exclusivity to the right drawer and the second and the fourth shelves in the refrigerator.
Also a room of dimensions approximately five big steps by three big steps with attached closet intended primarily for sleeping located adjacent to the bathroom.
Meaning and intending to describe the portion of the premises used and enjoyed (exclusively) by HardAssets over the period of 1998 to 2013.
(Crayon on construction paper could be the appropriate medium)
