Ok, I wanted a little feedback on this. Back in 2008, I got called to cut out 8 acres for a mortgage. This cutout was at the southwest corner of the parent tract. The survey was a nightmare and I had to survey about 60 acres, but I finally had enough data together to feel confident about my tract. Well, the property was foreclosed and the finance company asked me to survey it again. I start pulling deeds and find out that another surveyor has surveyed the tract to the south and to the west and suprise suprise, he came up with a different location for my south line. I can't really argue with what he did, I don't know all the details. I do know that he surveyed in about 500 acres. Luckily, there is a gap of about 1/2 acre between my survey and the other surveyor. It appears that these are my options:
1. Leave the previous survey as is, since the owner meant to convey by my survey and keep anything outside the bounds of what I cut out.
2. Extend my survey south to include this gap, because the owner meant to convey all property up to that line.
Right now I'm leaning to option 1, but option 2 doesn't look bad either because it cleans up the title issues. I just hate leaving a mess for the future.
Does the original owner use or could he use the 1/2 acre? It sounds by my first reading as if it would not be practical. Hence option 1 makes little sense.
> Does the original owner use or could he use the 1/2 acre? It sounds by my first reading as if it would not be practical. Hence option 1 makes little sense.
It isn't really practical.
I would stick with your prior work. That is what was foreclosed on. When there is a new owner who actually cares about the property, I would approach that person. I would present the discussion on the half-acre as being an option that could be explored.
The question is "hold the monuments" or "hold the call for the adjoiners line". I know I have always said that I wouldn't hold a screwed up survey. It's a little different when its your own. That being said, I'm not prepared to admit my survey is wrong. It was based on some found monuments.
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> 1. Leave the previous survey as is, since the owner meant to convey by my survey and keep anything outside the bounds of what I cut out.
Was it his intention to sell 8 acres or to sell what you cut out?
Not knowing anything other than what you have stated, if sent to do this job I would hold to the original 8 acres for two reasons. It stands the test of time prior to the foreclosure, and has legacy as it stood on the ground unchallenged. The remnant always stays with the parent tract regardless of later discovery.
"We just report the facts, mam"
Your initial survey was right.
Your new survey will show what has been done since you were there last.
If there is a gap, show a gap....
Let the two new owners decide where the boundary will fall concerning the gap.....
2cents ?
I think I'll do that, and put a note on the plat explaining how it got there.
It sounds like there are two plausible locations for your south line. I would imagine the neighbor is sold on the other surveyor's determination so maybe there could be an agreement that the line is where he says it is and the other lines of your survey would hold because that's where you created them. It would be nice if it could be presented in a way that it doesn't sound like you screwed up, which I don't think you did, but that would be the part where diplomacy comes in.
Two Interesting Things About This Thread
1. Half a dozen guys have responded so far and NO ONE has suggested contacting the other surveyor. I've seen the MTS and other Standards of dozens of states, and nearly EVERY ONE OF THEM has language similar to this:
"In the event of the discovery of a material disagreement with the work of another surveyor, the surveyor shall make reasonable efforts to contact the other surveyor in an attempt to resolve the disagreement."
2. Posted at roughly the same time here and at RPLS.com, there are 2 responses over there and 9 here.
Two Interesting Things About This Thread
I contacted him before I ever posted. We haven't had an in depth discussion until right now.
From your post down below, it
appears you are doing the first thing I would suggest - communicate with the other surveyor and see if there is enough data that you two can mutually agree to the common location of the line.
It may be that he has missed some information you found or vice versa.
If your solution is what is decided to be 'correct', problem solved.
If his solution is decided on (or something in between), then I would look at the deed language.
If the call was to a monument "in the line of (adjoiner to south)", I would tend more toward running the line out to the common line. If it is a call to a monument without a call to the adjoiner, I would hold the monuments you set before.