1974 perimeter plan, no closing tie so it is what it is
1975 road plan endorsed by the planning board, road constructed, no road monuments set
1976 a lot is cut out calling for two monuments
resurvey: perimeter monuments check just fine, monuments on lot are out 0.50' in different directions.
do you hold the bounds to retrace the lot? what if this causes an overlap into the road?
have a good weekend.
> 1974 perimeter plan, no closing tie so it is what it is
> 1975 road plan endorsed by the planning board, road constructed, no road monuments set
> 1976 a lot is cut out calling for two monuments
>
> resurvey: perimeter monuments check just fine, monuments on lot are out 0.50' in different directions.
>
> do you hold the bounds to retrace the lot? what if this causes an overlap into the road?
>
> have a good weekend.
I evaluate the bounds along with rights of the parties, use, and metes to determine the boundary.
What's an Overlap;-)
Does the road purport to take property they rightfully do not own or get in a dedication? Was the owner in 1974 a party involved in the creation of the road, or benefit from the road? Seems like Perimeter came first but was the good faith effort to have a common line and if so where is that line? It's all theoretical at this point.
Cheers
So you found a pin that wasn't set did you?
you want the follow up?
there were about 30 lots divided out in this fashion until the 80's when they started drafting plans depicting multiple lots. i compiled the whole thing a couple years ago; the math works well. the perimeter monuments check, but all the internal monuments are a mess.
I will bite, hold the mons....have a great weekend!
public or private road?? here both get endorsed by planning board but I would give a public road its dedicated width but short a private road...comments on this treatment??
You've got it easy. We had one in southern Colorado where one surveyor failed to find some original monuments, and did his own pro-ration (since they were PLSS monuments), and set a whole bunch of subdivision monuments that differed by 30 feet from the original. We found the original monuments, as well as the new ones. But by that time, multiple other surveyors had set multiple lots, using a conflagration of found monuments. And some lot corners were set using only a couple of nearby monuments, even if they were wrong compared to the original monuments, because the new surveyor didn't look far beyond adjacent lots, and didn't discover the subdivision boundaries didn't match. Then a whole additional subdivision nearby was platted with wrong starting monuments, and most were lost during construction. Then replacement monuments were set incorrectly. And to top it off, the original subdivision was broken up and replatted, and the surveyor who did that used a mish-mash of the few original monuments, combined with some of the new ones that he found, creating a new mess.
Net result is NOBODY knows where the ROW or lot lines are anymore. And now the county wants to come through and put in new water meters, but wants to make sure the meters are just inside the ROW lines. But the location of the ROW of these roads is no longer known, because all the recorded plats disagree by as much as 30'. And as best as we can tell, given the mess, it looks like some built houses are crossing lot lines, but we can't be sure. Fun fun fun.
are the roads not improved??if nothing else the road is the monument.
yeah, the road went in before the first parcel was cut. it's a private road, but i am treating it like a sequential conveyance. even if the road was not conveyed out, there was still an equivalence of conveyance when the planning board signed off on the road. there's something to respect or consider an obligation.
AWESOME! Fees for fixing such messes are a combination of personal satisfaction and large sums of money.
:good:
[sarcasm]I would just hold what the GIS says.[/sarcasm]
Elementary my dear Watson. Lay them suckers in there with junior-senior rights and if there is a gap or an overlap, there is a gap or an overlap.
Roads, as you are aware, probably are going to the municipality, and time not runneth against the king, so the lot corners, even though they are senior, are still junior to the road, owned by the king.
Show 'em where you found 'em! 🙂
Not that easy.
The area I mentioned is in a rural area of southern Colorado, with the original plats done in the 1960's. Several houses were built way back then, while most lots were still vacant (as many are still, to this day). How would you feel if someone comes in and tells you that you need to tear down the house you've had for 50 years, because it crosses a lot line? Not to mention the questions of adverse possession, which might make that illegal. So how do you resolve the issues?
And now the area is becoming more-populated, and the empty lots are being filled up. So new buyers want to figure out where their lot lines are, so they can build their own houses. Yet this is a conflict with existing houses.
It's a headache on all fronts. Of course, the root cause was a bad surveyor, who failed to find several of the original monuments, and decided to set his own. Once again, this is one reason that I consider Surveying to be a "profession", and not something for those who are not well-trained. I don't particularly think you need a college degree to do it, but you definitely need the right experience, even with a college degree.
sinc, sorry but
Well, I disagree from a standpoint of putting the property lines back according to hoyle. How I would feel is regardless as to how we are supposed to retrace tracts.
sinc, sorry but
I have no idea what you just said.
The complexity of this site lies with the fact that multiple surveyors did multiple surveys, all using different monuments, and most surveys were not recorded. Or if they were, they conflict with each other. If you choose to hold the original PLSS monuments we found in the roadway, then that puts a whole bunch of long-standing houses on lot lines. But they've been there so long, that if we did that, the owners might have a valid adverse possession claim. Yet if we don't do that, there are platted lots now up-for-sale that would lose lots of territory, and nobody really knows where the lot lines are. And the county has no idea where the platted roads are, since they were dirt paths mixed amongst just a few houses for so long. But now they want to fully-develop the subdivisions, start paving roads and introducing county-owned utilities, and are trying to sort through the mess without creating a huge fiasco.
sinc, sorry but
What I said, was in response to your "how would you feel" statement. If there are senior corners on the ground, who in the hell cares where the PLSS monuments are? Not me, since I've never seen one, but I've seen a helluva lot of original corners for lots that were cut up at different times. You have to take the area back to when each lot came into being, then, work forward, looking for THOSE corners, and those are adjoin it, and when you find them, then you can enumerate any and all gaps, overlaps, or whatever. How I feel about anything is irrelevant to where the corners that actually mark the tracts actually lie.
