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Property Boundary with court cases

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MightyMoe
(@mightymoe)
Posts: 10687
Member P&R, Founder
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I got a request for a survey that is tied to a survey I worked on as a new crew grunt way back in the day.

I was out there in the late 1970's, at that time there was a sectional breakdown with 4 pins at the C1/4. What I didn't remember was a couple of decades later this all ended up in court.?ÿ

I wasn't involved with the court case because my partner turned over all the info to the court that he had from earlier surveys and I was off doing field work day after day.

It was ruled by the court that my partner's C1/4 would hold over the others.

His was a 3" brass cap the others were rebar and the court frowned on the process's that established them while the brass cap was a section breakdown intersection.?ÿ

Then I come to find out that that wasn't the only court case attached to the property. Seems they also ended up suing the state all the way to the supreme court which resulted in them losing any water rights. A new state law will require anyone dividing lands to rework the water rights, at least I have the decree in hand now which should shut down any push back from the regulators .?ÿ

Just a little 4 acre survey, the legal costs associated with it at this point must be staggering.?ÿ

The upshot of it all is that the C1/4 is tied to a number of different properties which all seem to use different monuments to start from. The neighbor on one side of my client tried to get my client to sign a quit claim deed to clean up a gap caused by the different surveys and my client refused. At least it's a gap. It's funny how much paper work there can be with a little tract of land.?ÿ


 
Posted : July 11, 2022 7:36 am