would somebody just step up and tell this guy what he wants to hear so we can be done with this?
flyin solo, post: 455922, member: 8089 wrote: would somebody just step up and tell this guy what he wants to hear so we can be done with this?
Sorry If I offended you just trying to get an honest answer. Because this effect's 12 Homes... Around 3.6 Million total plus or minus 100k
Worth noting that while a Surveyor can perform research, tell you what was found on the ground, and make a determination as to where a boundary line is, this is essentially only an expert opinion. Different surveyors can come to different conclusions, especially when the evidence and facts are less than clear. If you are in a dispute and need to establish with certainty where your boundary line is, you'll need an attorney. Only a judge can declare with certainty and authority where a boundary line actually exists on the ground.
Is this for the same tract of land as another post you made? https://surveyorconnect.com/community/threads/deed-overlap-please-help.330790/
If so this guy called me to talk about this problem, and it is a real problem.
Scott Ellis, post: 455930, member: 7154 wrote: Is this for the same tract of land as another post you made? https://surveyorconnect.com/community/threads/deed-overlap-please-help.330790/
If so this guy called me to talk about this problem, and it is a real problem.
It is for the same tract. Seems a lot of different problems i keep coming into, some are speed bumps some are mountains.
Well, with task at hand, I will attempt to explain...
Everyone here would like to help you.
Without any real data to go with and no boots on the ground, we are not able to give an absolute solution.
You need to hire a competent surveyor that knows and has local knowledge of your area and make a survey.
We would gladly refer you to one once you allow that to happen.
tfdoubleyou, post: 455927, member: 12051 wrote: Worth noting that while a Surveyor can perform research, tell you what was found on the ground, and make a determination as to where a boundary line is, this is essentially only an expert opinion. Different surveyors can come to different conclusions, especially when the evidence and facts are less than clear. If you are in a dispute and need to establish with certainty where your boundary line is, you'll need an attorney. Only a judge can declare with certainty and authority where a boundary line actually exists on the ground.
We got our title lawyer involved and he sided with us. But establishing the correct line seeing it has move several time just in the past 3 years is whats getting me. Title company says it should be from the plat. The new surveyor assume that the corners were set by the original plat but they missed that one corner that was set by someone else even tho they put it on paper they just missed that fact. Now they did report exactly what was on the ground and they posted the differences on the survey but didn't set pins per the plat.
Is there a point where you just start fresh when too many hands get into the cookie jar?
lakedude, post: 455924, member: 12730 wrote: Sorry If I offended you just trying to get an honest answer. Because this effect's 12 Homes... Around 3.6 Million total plus or minus 100k
1. i'm not offended.
2. reading between the lines of this- and your original- thread would indicate that you are likely going to be suspicious of any answer. soliciting free advice on a board from surveyors spread all over anywhere the internet is available certainly isn't likely to help you with the specificity of your issue at hand, and would indicate some sort of cognitive dissonance relative to what your end goal is- namely: clarity.
at some point you're gonna have to do the homework and find a specific surveyor with a good reputation, and TRUST them- whether it's the answer you want or not.
lakedude, post: 455340, member: 12730 wrote: On a platted subdivision which pins are honored the new pins that were set per the plat or the original pins? If a pin was missing and a new one was set by another surveyor is that pin honored? Trying to figure out since the survey that was done in 2015 and current are different by feet... Do we honor a pin that possibly was moved since it doesn't match the plat 100%? One corner has three different surveyor's put their pins but only 2 remain (the North West Pin). The South West Pin has 2 different survivors only 1 remains. It's a mess I know just trying to figure this out.
What the legal way to set pin when missing pins when one cannot be found or when one is moved? Does the above follow this case for new pins?
This is for Texas FYI
Well as in a lot of things Surveying it all depends on many different factors, Case Law, The Surveyor's Opinion, State rules and laws, adopted practices of the time the Survey was performed and also the area.
Most of the time if you find the original pins, the Surveyor is happy and will use those, however he needs to find enough to confirm they are in the correct location. Its possible one may be out enough to say, that isnt right someone moved it. Happens often with the installation of the water meters or power poles, and fences.
Yes if a pin is missing, the Surveyor needs to reset it, with a marker that lets another Surveyor know who reset the pin, most of the time its a CAP with the Surveyors name or the company name.
For the pins that were replaced , if they were set by another Surveyor that are different than what the plat shows, then they could be honor, that is why we CAP rods. Maybe there was in error in the Plat, and he set the pin were he believed it should be after solving the error on the plat, they could have a court case that decided the boundary, or they brought a few extra feet of the next lot. You find the CAP and call and ask why he set the rod where he did. If a non Surveyor set the rod, then most of the time they hold no weight on the Boundary decision.
lakedude, post: 455917, member: 12730 wrote: With that said should new pins be set because of this?
If you order a boundary survey, the boundary should be set. The Surveyor could possibly set "ties" to the corner, and possibly discretely enough so that he could reset the corners if they got moved or removed. As far as whether the pins have moved, or other things, I don't know if it's the perception that they moved or if they actually did. A good surveyor would show the fence and other appurtenances in relation to the line as well so that he could figure out if things have changed. They could also set another monument down deep and another above it to help if the top one moves.
Regardless, hopefully you have a good surveyor working for you. I think it could be difficult for the layman to actually know if he has a competent surveyor. Resolving "which monument" is the right one if any of them are, is one job that takes a good surveyor and "boots on the ground" to evaluate all the pertinent evidence. There is a lot of work that goes on behind the scenes to help resolve ambiguous property corner locations, and it could be expensive. I don't know the nature and value of your property. For mine, where I live, I wouldn't be too terribly upset over a couple of feet, but if you are on valuable property, or have improvements close to the line, it might be a lot more serious.
lakedude, post: 455921, member: 12730 wrote: But my question is what happens when someone moves something on the ground? Shouldn't the document hold more water since this is filed and this is what is should be on the ground? A plat can only be changed if approved pins can be moved easily with ill intent.
If it can be proven that monuments have actually been moved I would defer to the plat, although I think it is exceedingly hard to prove a monument has been moved unless you personally set it, recently located it, or actually saw someone move it. Without personal testimony I think a court would be hard-pressed to accept a document over a monument.
It is easy to tell if a platted subdivision property monument is not in the location that the recorded plat shows it to be in. The distance and bearing will be different from what it should be. The difficult part is knowing why it is not where it is supposed to be. Did the Survey crew set it there or did someone move it. Sometimes you can tell, a new fence and the monument should be where the fence is, same with water meters and power poles.
This crap happens all the time. Some times you see people find a couple of monuments and build an entire survey off of it (prorating away), without locating the controlling monuments of the original plat. Fence installers are the worst. I have seen them dig out the corner to place the fence corner and then outside the concrete of the post place the monument. Then a surveyor comes along and uses the position of the corner a foot away from the fence post. UGH
lakedude, post: 455921, member: 12730 wrote: But my question is what happens when someone moves something on the ground?
Around here, it would be called malicious mischief; you could file a civil case. But like Jim said; it might be hard to prove...
RCW 9A.48.090
Malicious mischief in the third degree.
(1) A person is guilty of malicious mischief in the third degree if he or she:
(a) Knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or
(b) Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree.
(2) Malicious mischief in the third degree is a gross misdemeanor.
