Excellent Discussion
Please tie out that rock with a couple of close swing ties, pull it out, clean it, measure it, take photos, and place it back. Until then you just have the top of any old rock. Trust me, I HAVE made that mistake many years ago thinking I had something when I had nothing.
> What if the next surveyor has a copy of the 2010 plan, and he agrees with it - but now you've removed the monuments.
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I think many are missing the point. This is a "legal survey" as defined by Indiana statutes. The legal survey is a method for fixing boundary problems by putting all the owners on notice prior to performing the survey and providing a record of the survey after. Any owner in disagreement with the new survey can file an appeal challenging the correctness of the new survey. All old surveys and monuments prior to the legal survey become meaningless.
If a surveyor attempts to retrace the 2010 plan, they'll be wrong as the legal survey will supersede it. There is no reason to perpetuate the 2010 monuments as they've been summarily rejected by the owners and superseded by the legal survey.
JBS
PS: I would suggest that you wait till the appeal period passes before removing the monuments.
PSS: I would also hope that the client files an claim against the 2010 surveyor for blowing the survey. If surveyors aren't held accountable for their work, there is no deterrent for bad work.
So John, ready to get a "legal survey" statute in the law for Utah? I can get a sponsor for the bill!! No need to ask how everyone feels about the bill, just let em react. Landowners deserve a solution to their problems that's not a nightmare. I could buy a garbage truck to haul off all the pincushion markers about.
