my rear fence is leaning towards my neighbor (I need to replace it).
So I'm thinking this unconditional right of disposition thingy is working in my favor! Obviously my neighbor unconditionally dispositioned some land to me.
I drop a plumb bob down to the ground from the top of the existing fence and that's where my new fence goes, right?
I think you're going to need to scan it, Dave, in order to get a pt cloud to derive the millions of pts that define the boundary.
You're in for weeks of work.
It all depends on what Google Earth is showing to be the case.
Better get started on that deed correction. Wait until the fence falls all the way down first though, you'll get another couple of feet that way.
Please post a copy of the affidavit you filed in the miscellaneous records section with the corrected description of your property. What do those poor people in the Midwest do that have no fences? They must have to file a new affidavit every time they mow the lawn!
Let me check it first with my Tom Tom!
Why are you asking surveyors about this - you need to get yourself on down to your County's GIS specialist!
I would simply call the fence company; they always know where to place the fence.
You gonna bill yourself $150?
LOWBALLER!
my rear fence is leaning towards my neighbor (I need to replace it).
>
> So I'm thinking this unconditional right of disposition thingy is working in my favor! Obviously my neighbor unconditionally dispositioned some land to me.
>
> I drop a plumb bob down to the ground from the top of the existing fence and that's where my new fence goes, right?
Tell your neighbor not to bother with a lawyer, because they don't know anything...and oh yeah, don't bother trying to justify your new fence location with case law because the courts and judges don't know what they're doing either. Just send them a xerox of the ALTA standards paragraph about boundary location uncertainty, and sprinkle in some insipid comments about alienation and Justice Cooley.
Happy fencing!
simple, your boundary is no longer vertical.
that is lucky
my neighbor is a Lawyer!
It'll be no sweat "educating" him!
I had the affadavit done but then the fence leaned a few more inches so now I have to do it again 😉
But Dave
I think I heard from a reliable source that attorneys are incapable of understanding boundary law, something to do with a partial lobotomy they receive in law school. Oh yeah, that source was me.
Of course you are right Steve. I am going to have a million angle points in my new boundary because of the "fuzz" in the scan dots, of course.
Thence North 39°37'38" West 0.01'; Thence ....
Steve
you sound really knowledgeable on this subject. I can't find the miscellaneous records section at the Sacramento County Recorders office.
When will you be over to do the work and file it in said MRS?
> I drop a plumb bob down to the ground from the top of the existing fence and that's where my new fence goes, right?
Yes. That is correct Dave.
Dave
No need for me to come over. I've already prepared your corrected description:
Beginning at a fence corner; thence along a fence to a fence corner; thence along a fence...
Remember Dave, land boundaries weren't meant to be stable. The intent of the courts was to have ambulatory boundaries that are subject to the whims of the landowners. It sounds like you are well on your way to fulfilling their vision.
Dave,
Make sure you take your plumb bob to the nearest calibration baseline...and don't forget the metadata supporting your determination of 'down'.
DDSM
