At one time an actual survey was done by Vandusen & Steves. I think the note on there is because they did not actually come out for the subdivision. He repeatedly avoids me when I ask to see the original survey map and deed that he says that shows him owning it. If he has it and showed it to me that would end the questions.
He also repeatedly tries to talk me into giving up the property and finding somewhere else to have a camp.
Robert Rolleston, post: 333761, member: 10403 wrote: Thank you will look into that. Very complicated. Guess that is why they say $2,500 for a survey.
In some cases a title search may require going back to the original documents creating title to the land. These may be colonial grants in some areas. Once the original source, larger property your tract was cut from, is established the search then works forward to determine all properties taken from the larger tract. Yes a bit complicated and in some areas difficult to complete. Records may have been destroyed by fires and/or natural disasters.
REVISED DEED.
In Oregon they are called "Correction Deeds".
A sells to B. Maybe there is some little spelling error or something on the face of the deed. A correction deed can be recorded to correct the error. But sometimes people file correction deeds that fundamentally change the effect of the original deed. There is nothing that stops them from doing so. It clouds the title. But, in the end, such a deed is not enforceable. I don't know if that is what you have here, but it could be. That is how your surveyor earns most of the $2500.
BTW, if this was in Oregon it would probably be double that. I expect it probably should be in New York. The twisted knot that needs cutting here is the product of a series of cheap surveys, doing just enough to get by.
Norman Oklahoma, post: 334597, member: 9981 wrote:
... BTW, if this was in Oregon it would probably be double that. I expect it probably should be in New York. The twisted knot that needs cutting here is the product of a series of cheap surveys, doing just enough to get by.
Things are a bit cheaper here in Baja, it would probably only be about 30% more... after the chain of title is provided. 🙂
Actually if the full document package is in hand maybe way less. It is hard to negotiate Up after you guess the work is minimal.
--
Robert Rolleston: I am Glad you are getting a handle in it, Back to what I said in the beginning...
Get some professional to review what you have in hand and run the chain of title, and a chain of surveys too if possible. Some areas the Surveyors do that, in some areas Title Companies are used, whatever the custom is in your area (ask a local Surveyor).
Then you can have someone sketch out the records to see how they fit and disclose problem areas, form a plan of attack.
Provide that data, all of it, to your prospective surveyors.Maybe you have confidence in one already, if so, good... no need to price shop like you would for a surgeon.
Then he/they can see generally what the work would entail, and give a better estimate of fees and services.
Projects like this can stretch out over time, a piece at a time, as budget and need dictates. No problem with that.
Robert Rolleston, post: 334591, member: 10403 wrote: He also repeatedly tries to talk me into giving up the property and finding somewhere else to have a camp.
a built in buyer! cool! he probably knows to the penny how much you paid, add your direct costs, add a bit to make yourself happy, then offer it to him.
It may be one of those messes that wasn't cleaned up decades ago.
My wife's family farm has a similar issue because the county diagonalled the road in 1949 to remove a (5-chain?) right-and-left turn jog. The new easement was recorded. Back then the paperwork would have been relatively simple to also record a deed for the sliver between the old and new roads, but apparently no one thought it worthwhile to clean up the ownership.
The result is that the neighbor is record owner of a small sliver of land on "our" side of the road that he hasn't used since 1949. My wife owns both sides of the road for part of the distance, giving her a split parcel, and leaving only a short distance for the neighbor's sliver. He isn't happy about paying taxes on an extra 0.5 acre but it isn't worth the expense to clean up, considering that now the county would require a re-plat with survey, application fee, review fees, etc.
Robert-
With all due respect to my learned colleagues hereon, you aren't going to resolve this here. There're two guys who post on here that are reasonably near your site - Vianna and Frymire. Look 'em up, call 'em up, see what they have to say. I'm guessing they've read some of this.....
Or, sell out to the butt-nugget neighbor.
My 2å¢ - SS
Bill93, post: 334625, member: 87 wrote: It may be one of those messes that wasn't cleaned up decades ago.
My wife's family farm has a similar issue because the county diagonalled the road in 1949 to remove a (5-chain?) right-and-left turn jog. The new easement was recorded. Back then the paperwork would have been relatively simple to also record a deed for the sliver between the old and new roads, but apparently no one thought it worthwhile to clean up the ownership.
The result is that the neighbor is record owner of a small sliver of land on "our" side of the road that he hasn't used since 1949. My wife owns both sides of the road for part of the distance, giving her a split parcel, and leaving only a short distance for the neighbor's sliver. He isn't happy about paying taxes on an extra 0.5 acre but it isn't worth the expense to clean up, considering that now the county would require a re-plat with survey, application fee, review fees, etc.
^^yup""
quite possible it is the same thing. sometimes valid transfers happen but the paperwork never hits the recorder. maybe to be found in the minutes of a board of supervisors meeting, or even a properly executed deed in the retired city engineer's desk drawer.
Sergeant Schultz, post: 334630, member: 315 wrote: Robert-
With all due respect to my learned colleagues hereon, you aren't going to resolve this here. There're two guys who post on here that are reasonably near your site - Vianna and Frymire. Look 'em up, call 'em up, see what they have to say. I'm guessing they've read some of this.....
Or, sell out to the butt-nugget neighbor.
My 2å¢ - SS
^^do that^^
🙂
Mostly just looking for the history. Will deal with the neighbor later. Found the deed that gives a description but no measurements. Anyone know how I can figure out what the directions mean. I think it is saying by neighboring properties but kinda confusing. The most confusing part is it says a description of one part then states a size then describes another section but don't give a size. Below is a PDF of the early deed.
You need copies all of the documents mentioned.
Part of ..., and Also..., and Reserving ..., and Excepting ..., and etc.
This is a Part of the "chain of title".
Probably those documents will mention others, etc.
Sketch out everything, then hunt for the missing pieces: either in paper documents of out on the ground. Then hunt some more.
This is the fun part of surveying I love. the measuring is just work, but it does get me outdoors.
Have fun!
Notice that it is all on the NW side of the highway as that road existed in 1960.
Bill93, post: 335263, member: 87 wrote: Notice that it is all on the NW side of the highway as that road existed in 1960.
Thank you. That is kinda like what I have drawn up. But I am confused by the wording after that where it says. And on the southeasterly side. Is this a description of an other part of the property? Or is it just deferent wording of the first part?
i never remove any cost from a proposal. It will come back and bite you!
I can't seem to find Vianna and Frymire but have a few calls and email into local surveyors noting my findings and documents that I have. Just waiting for a reply.
Duane Frymire made a comment early on in this thread. You might click on his name and then start a conversation with him. He is really into the legal side of surveying.
James Vianna is another regular here from Upstate New York.
Holy Cow, post: 335461, member: 50 wrote: Duane Frymire made a comment early on in this thread. You might click on his name and then start a conversation with him. He is really into the legal side of surveying.
James Vianna is another regular here from Upstate New York.
Thank you. What a nightmare just to have a nice place to setup camp once in a while. I was trying to research this myself since I really don't have the money for a survey but seems like I may be forced to do a survey since this neighbor is putting up a stink about us being there camping even called the village and had them come out and say we can't camp there because the wetland and it's only wetland across the road.
You should be able to find someone, including Vianna & Frymire, here:
Thank you for everyone's input on this. I saved up the money and I am having the property surveyed. Should be done in a couple weeks.
Robert Rolleston, post: 395189, member: 10403 wrote: Thank you for everyone's input on this. I saved up the money and I am having the property surveyed. Should be done in a couple weeks.
Cool....It's great you followed through with that advice. (I hope you found a good surveyor)
Unfortunately, a survey could produce different results than you think or hope they might. But even if so, knowing exactly what you have instead of being embroiled in different amateur opinions is always better. You can know what is worth fighting for and what to let go.
