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Renting survey equipment to non-surveyors

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(@a-harris)
Posts: 8761
 

I never lend, sell or rent tools to anyone, period.

I use it properly and they pay me or it gathers dust.

They can find what they want on EBay like everybody else.......

 
Posted : 21/12/2015 5:58 pm
(@dave-karoly)
Posts: 12001
 

paden cash, post: 350061, member: 20 wrote: Notorious Oklahoma court case (and of course I can't remember the names..) : Man purchases the East 330' of the North 660' of the NE/4; 5 acres in the corner. The seller (who retained the rest of the quarter) AND the buyer lay it out and build the fence shortly after the sale. Trouble is they started at the existing R/W fences and fenced off 330' by 660' (instead of 297' x 627' and allowing for the 33' of statutory R/W). Years later (after both the seller and buyer's demise) law suit between the families over the erroneously laid out fencing, which both families freely admitted the buyer and seller worked jointly to build the fence right after the sale.

Long story short: Seller was aware of what he fenced off. The conveyance was judged to be what the seller had help fence, not what was described in the deed. Plaintiffs lose 990' x 33', more or less. DIY surveying, Okie style. People have been screwing things up since the land run around here. Like I said earlier, just more work for us!

Lake v. Crosser, 216 P. 2d 583 (1950)
"Q. That was Rufus Hicks? A. Yes; I sold to him, and we didn't want to get the surveyor out there, and just got a tapeline and measured it off ourselves, 330 and 660 feet, and he wanted to start from the fence line and I wanted to start from the middle of the road, and we argued about it, and he said he wouldn't have any room there... ."

 
Posted : 21/12/2015 5:59 pm
(@ridge)
Posts: 2702
Registered
 

Andy J, post: 350055, member: 44 wrote: Owns three sections of land... wants to build within 25' of the boundary! doh!!!

I've seen it similar many times. They find the spot with the best view or whatever is paradise to them and then push it as far as it will go. A thing really good about a federal boundary is that you don't need to worry about someone else building on the fed side of the line. One thing I discovered about rich clients is they don't want to see or have any other landowner see their house. They will pay a lot extra for that! Another house can be close but if its behind a hill or whatever (can't see it) it's OK. I had to figure out one time how high a client could build his house without it being able to be seen from the neighbors, it was part of a negotiation between them.

 
Posted : 21/12/2015 6:56 pm
(@paden-cash)
Posts: 11088
 

Dave Karoly, post: 350116, member: 94 wrote: Lake v. Crosser, 216 P. 2d 583 (1950)
"Q. That was Rufus Hicks? A. Yes; I sold to him, and we didn't want to get the surveyor out there, and just got a tapeline and measured it off ourselves, 330 and 660 feet, and he wanted to start from the fence line and I wanted to start from the middle of the road, and we argued about it, and he said he wouldn't have any room there... ."

Thank you, Mr. Karoly. I may have gotten a detail or two wrong, but that's the case, I believe.

 
Posted : 21/12/2015 7:50 pm
(@dave-karoly)
Posts: 12001
 

paden cash, post: 350134, member: 20 wrote: Thank you, Mr. Karoly. I may have gotten a detail or two wrong, but that's the case, I believe.

I forgot to include the link...
https://scholar.google.com/scholar_case?q=Lake+v.+Crosser,+216+P.+2d+583+(1950)&hl=en&as_sdt=2006&case=17507942496558370995&scilh=0

 
Posted : 21/12/2015 7:54 pm
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