@hack?ÿ
No. Not at all. Anyone can set an iron rod. If it doesn't have a record and doesn't have a cap AND doesn't have any evidence of occupation (in other words, conditions are as shown on your sketch), then that iron rod isn't a monument to the corner (IMEO).?ÿ
There are circumstances where I would hold it as an offset on the east west line (again, assuming that it was set as part of the subdivision of the two lots), or as marking the true corner, or I might pull it and throw it in the trash...but the facts necessary for any of those is not evident. Given the facts I know, I made a decision. And it is a right one...perhaps not the only right one!?ÿ?ÿ
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@hack?ÿ
It is important to remember that I do not work in the east. I work in a recording state and one that is fairly new to the union (compared to those you are licensed in).
@flga-2-2?ÿ
Excuse my ignorance, what is a recording state? Are you serious, $175? Is that for a proper 2-hour mortgage survey done in 45 minutes?
The tubing or fence posts, as some of you are calling them, have not been located. We haven't pulled them and do not plan to.
Oh, Lawdy, Lawdy, don't get me started.?ÿ Our first project for the day was a cluster**** begging for someone to pick a solution and run.?ÿ I am at least the fifth stupid surveyor to work in that mess.?ÿ One fellow has taken four stabs at it and none of his results match with any of the others.?ÿ He is surveying the topography of clouds these days for construction of streets of gold.?ÿ At least two of the other three are deceased, also.?ÿ I don't think I've ever encountered the last guy's work so have no opinion other than assuming he's not active today, fifty years after his survey.?ÿ No matter the solution, nine out of ten landowners will be upset.
Excuse my ignorance, what is a recording state?
Many states require that when a property survey sets a monument, or finds a material discrepancy versus prior record, that the plat be deposited in an office that may be the Registrar or Recorder of deeds, or similar government office.?ÿ
In many states there is only a nominal fee and a legibility check, but in others there are huge checking and recording fees, and nit-picking reviewers, that many people use as reasons to dislike recording.?ÿ The problem isn't recording, it's overly powerful bureaucracy.
Recording makes it much more likely future surveyors and landowners can know the history the boundaries in a neighborhood, promoting stability. Advocates claim recording therefore protects the public. Some surveyors in non-recording states think that non-recording makes more money on resurveys.
Are you serious, $175? Is that for a proper 2-hour mortgage survey done in 45 minutes?
Yes, I'm serious (check out one of the previous OC county surveyors). I did not mention "proper" or time. ?????ÿ
As far as I know there are no non-recording states, only the level required is different.
I live and work in two officially recording states, but some would argue that those two states are non-recording because of the level of recording required.
We are not required but can record reset subdivision monuments, but are required to record found and or set original sectional monuments. Also many other types of surveys are required to be recorded. Of course here subdivisions are not the issue, it's the sectional surveys that are important, much less development than your work area.?ÿ
I have always wondered what gives me the authority to remove someone else's property. Is good intentions enough??ÿ I'd?ÿ really like to but I've come to the conclusion only the landowners or a judge have that authority.
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@dmyhill?ÿ
I wasn't trying to be a wise a**. My point being that all too often I see people here rant about pin cushions without all the facts. For example if I'm asked by the owners on the right in my sketch to confirm the monument set by their neighbor's surveyor I'm setting another monument 0.4' away. I'm not pulling out the other IR for sure. I'll make a call to the other surveyor and let him know the situation and hopefully we can come to a reasonable agreement (I'm right haha)?ÿ and he can explain to his client and pull his own monument.
We run into this scenario quite often here where we have well platted and monumented subdivisions. I don't believe it's within my purview to determine if and when actions by landowners rise to the level of fixing a boundary somewhere other than the record location.
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The Hack
@hack?ÿ
I didn't think you were being a wise ass...and I kind of thought that you were trying to make a point about all the facts.?ÿ :)?ÿ?ÿ
Just because something LOOKS like a pincushion doesn't mean that it is. Your explanation is exactly the way I would do it. But if it is just a piece of iron...well we have already beat the "goat stake" to death in another thread.
