And it's mine this time.....
Sometimes you are just shoved into a corner and can't do anything else; this time there are two competing 1970's era 1-1/2" aluminum caps marking the W1/16 common to 6 and 7.
I've known about them for a while and now I have to deal with them:-( .
There is a third position created by a series of deeds and the surveyor used the calculated position to do those and those are the ones I'm retracing, he didn't set his own.
Then a couple of years ago the BLM does a retracement of the township and notes both caps and rejects them, but they don't set one either:-(
So for me to stake monuments along the lot line I have to set the lot corner.
Nothing was ever done with the two competing monuments, everyone has ignored them so far.
Anyway it looks like this:
Looks like you will need a BIG monument to correctly place the dimples! 😛
flag a square about 25'x30'- Hire a guy with a backhoe for $85/hr and have him remove the topsoil, then decided to put it back.... [sarcasm]and there went all the competing corners.....[/sarcasm]
actually, if nothing was done with the other corners, why were they set?
Nothing was ever done with the two competing monuments, everyone has ignored them so far.
If that includes the landowners then they are probably nothing, not corners or any sort of monument.
Now, nobody (most surveyors) dares to remove them but is there some law that says they must remain. I mean if it ain't the corner why must they live on?
I've never advocated pulling out a pin, but this might be the one time....well two times since there are two. Without knowing every detail it seems like it's only got the potential to cause problems if left alone.
What are the recording requirements in your state?
They were set by two different coal companies, for projects that were never developed. They are both recorded.
I'm not going to pull them, but they will get an AM stamping
I don't have to record these, but they will be on a recorded plat and I will file on the corner.
First I would determine how each of the 1970s corners was positioned. Before I ever rejected a corner I would talk to the Surveyor that establish it so there isn't something I missed, to get the whole story and just professional courtesy. I would also call the BLM and get their Surveyors story. Is there federal land controlled by this line? If the W 1/16 controlled federal land the BLM would have established it. Since this is a W 1/16 bet. secs. 6 and 7, I will assume the W lots are lotted and the a W 1/16 should be at proportionate dist. bet. the controlling corners. If you reject the 1970s corners then establish the W 1/16 at proportionate dist. on line bet. the controlling corners.
My 2 cents worth.
In that case I would set a new corner in whatever place you would set it if those 2 didn't exist and then document that location on a corner record. The existing aluminum caps become references on your record. It is just possible that that is what they were intended to be in the first place.
The old guys are all gone, but the plate are filed showing what they did....I'm going to agree with the BLM surveyor so there is no reason to chat about it. Although, I am discussing other issues with him.
The corner controls federal "lands", kinda, as does every section, quarter corner and most of the 1/16 corners in the township.
The line I'm staking is partly a property division line that runs north and turns into a mineral division line. I want the mineral division and the property division to be the same line, so rejecting the monuments is the only way to do that.
I should have said the BLM would have established the W 1/16 if it was a corner of federal land. I would still call the company or client of the 70's surveys to give them a heads up. I would try to convince them or the County Surveyor to remove or remark the monuments. If someone is confused and uses the wrong monument they should not be out there.
Yes, it's a corner of fed lands (if by lands we mean a change in mineral ownership), no they didn't set it, there are no clients or companies to call, there is no county surveyor.
