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So, not-so-old subdivision plat says "set ir with cap marked ####" for all lot corners.
I find an ir with no cap but it measures good with everything else around.
Is it still an original and therefore controlling monument without the cap?
What if I find it and it's 1' off from other monuments that DO have a cap?
Reading through browns and was just curious...
What does your recordation law read? For example, ours reads that monuments must be set at the existing tract line where it intersects existing and proposed Right of Way lines. We also have to set monuments on proposed streets at PCs PTs, returns, intersections, etc. On minor subdivisions we have to set monuments on the existing tract lines where they intersect existing R.O.W. lines and where each new lot line intersects an existing r.o.w. line. This is a very watered down version of the NJ Title Recordation Law.
The recordation act for NJ does not state that each individual lot has to be marked by a cap pin. Therefore, I would not treat a cap set as intrinsic. I would recover the control that is required by law to establish my lot lines and verify the caps in relation to my calcs.