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Question for the Experts - Dependent Resurveys

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MightyMoe
(@mightymoe)
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@linebender

The authority you refer to was recently executed twice that I know of and the surveys were filed as a Clerk's plat. The most recent example was a re-subdivision, all landowners had agreed to the new layout but one mortgage holder was holding it all up cause the lot got smaller. Finally after years the Clerk forced the filing and we were out of the mess. 


 
Posted : April 25, 2020 1:03 pm
mike-marks
(@mike-marks)
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It's so sad when a GLO corner is declared lost and proportioned in, compared to an obliterated corner which can be accurately restored.?ÿ Of course once the land is patented it's up to State surveyors to define nonGLO boundaries and it gets complicated because the original patents were defined in GLO terms, sometimes without benefit of actual monuments because of fraudulent original surveys.?ÿ Especially sad is where a 50 year old subdivision's boundary is pure GLO "SW quarter of the SE quarter of Sec. 9" stuff and a BLM rehab?ÿ of the GLO record of the Section moves section corners around by 50' so some lots are cleaved and other are enlarged.?ÿ Thank goodness the BLM recognizes bona fide rights and lot owners can remain in repose if they've been there for decades with clearly defined boundaries based on occupation, even if not conforming with a modern rehab of the GLO lines.?ÿ Or not.

Think it never happens, you are wrong.?ÿ Especially against ancient National Forest, State and national park & Indian reservations boundaries prior bona fide rights property owners have lost land or their entire parcel without compensation due to a "modern" survey by the BLM which restored lost or obliterated GLO corners without regard of bona fide rights. They're hard assholes when defending State/Federal properties along the boundary and care not about prior bona fide rights of owners inside the "corrected" line.

So dependent and especially independent surveys of your client's boundary(s) in GLO country by the BLM, etc., should be of especial concern when doing a boundary survey of their property; hold off until you see what the Feds have to say if they're active in the area.


 
Posted : April 25, 2020 6:53 pm
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