This story starts with a trip in the way-back machine....
About 40 years ago the original owner of my business sub-divided a piece of property in to 3 parcels (called a "short-plat" in these parts) and set the appropriate corner and line markers.
Over the years the lots were bought and sold and Lot 1 was purchased by an individual who in 2003 requested that this firm re-stake/locate his lines (3 of them, as this is waterfront). The LS here at that time got a signed contract for "X" amount and they found the original control used to stake it, 2 railroad spikes at the edge of the highway, and proceeded to set corners and liners..lots of liners (with 2"x2" wood hubs mostly as the liners).
Fast forward to a year ago, and this same person comes in and requests that the line between lot's 1 & 2 be re-staked as he feels the neighbor is up to something nefarious since he had the audacity to put up a fence over the weekend while he was away. As it turns out, the owner of lot 2 is an engineer a a local branch of "Enormous Engineering" Inc. I have dealt with him several times on projects and happen to be talking to him about that time and he explained that his own company's surveyor's had twice miss-staked the line and had to re-do it, so he understood why there might be some animosity. He just asked that I call him if there were any issues. I sent out a contract and heard nothing more...
Until about a month ago. Lot 1 comes in and tells me he is fed up with his trickster neighbor and ready to go ahead with the survey. He signs the year old contract and we schedule a date for near the end of the month and he requests that we let him know when we'll be out so he can be there.
That should have been my first clue! I set the job up and we head out. It takes us about a half hour to recover the same two original R/R spikes and I drive over and park near the lot so we can get set up. Out comes our client (he's about 70-80) hiking up the driveway. I had called before we left and told his wife that we would be on site soon so I cheerfully called "hello". To this he barked "how long have you been here"? I replied that we had been recovering control and that we had just pulled up a few minutes before. He them proceeded to chastise me for not coming to the door as soon as we arrived!? I repeated that we had just arrived and that we had spotted one of his markers was right behind the truck, a 5/8" rebar with cap set into and flush with the driveway pavement. He was furious...There was no way that could be the corner as it had never been set.
I told him that I had reviewed the notes of the previous surveyor and that it indeed had been set as had makers all down the line back in 2003. He was incredulous. No way had that line been staked. I had brought with my the entire file from the work in 2003 including the field book. I then showed him the field notes which included a drawing of the line and corner in question being staked. He still would not accept this and just knew that the marker was a fake since only the other line had been surveyed. I even showed him a copy of the survey by his neighbor in which the surveyor had found and accepted the marker in question. No good!
I then pulled out the contract from 2003 with his signature on it stating that the entire property would be surveyed. This seemed to quiet him a bit.
Next he was upset because he though I would then be relying on this possibly fraudulent marker. I told him that we were working from the original control and we would check the validity of the marker. Then he tells me that I am not to set anything but instead to only paint marks on the ground as he does not trust Lot 2 to not pull up and move anything I set. At this point it was raining and had been for a few days and I remarked to him that this may be difficult do to the wet conditions, to which he begrudgingly agreed. He asked to be kept informed and headed down the hill to his home.
We set up and I am trying to find a way to traverse into the yard without having to do 2 50' legs (the pavement marker check just fine, by the way), and figured if I just trimmed back a few blackberry stickers I might have a shot. While chopping Mrs Lot 2 appears and tells me I am chopping on her property. I gently explained that I was in the Right-of-Way. She insisted that I was wrong as it had been surveyed many times and that if I had questions I should call her husband at Enormous Engineering. I told her that I knew him and that we were the ones that had previously surveyed and pointed out the existing marker. She then relented and asked that I not cut away too much as it was their only buffer, well aside from the line of trees and shrubs anyway.
As it turns out I didn't need to cut line so traversed into the yard and began to search out the rebar and line marker that had been previously set. Lot 1 appears and tells me it has gone missing and is likely on the other side of the fence. I found the maker where we point staked it about 6" inside Lot 1. As it turns out, the entire fence is 4-6 inches onto its owners lot (Lot 2), so no problem.
My client comes out, asks what we found and I tell him the markers check out and after a bout of whose control are we relying on, he decides that he have to accept the fence since it check out OK. He then said, he had one more question...How is it that he paid the same amount now for one line that he paid for both lines in 2003?
I told him that I had no idea how the priced things back then, to which he replied "That must be the easiest $800 Thornton has ever made".
I could only reply that "I certainly wouldn't go that far.."
3 hours I will never get back!
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> and he requests that we let him know when we'll be out so he can be there.
>
> ...How is it that he paid the same amount now for one line that he paid for both lines in 2003?
Nice story, been there, done that.
For about five years I told most ever one that called for a quote that the cheapest way to hire us was to do so by the hour. Their next question was always, "How long do you think it will take?". 🙂
I just love it when the clients “help”. (that includes non stop quizzing about everything from lot corners to how nuclear fission was discovered)
Most of our work activity comprises new single family homes. Typically, at least in Florida, there are 40’ wide houses on 50’ wide lots thus a huge side yard of 5’. In a typical subdivision house construction is sporadic. This causes amusing confrontations between our firm and “existing” homeowners. They move into a house that has vacant lots on either side, start mowing and landscaping etc. After a year or so, and the owner mowing and landscaping further and further into the adjacent lots, here we come. It usually takes about fifteen minutes or so after the corners are set and flagged, or when “Days of our Life” is over until the homeowner (sometimes hostile, sometimes not) emerges to inform us we obviously haven’t a clue as to what we are doing. They know where their corners are; right at the end of their mow lines. I, with as much diplomacy as I can muster, show them the plat as well as the sketches of the vacant lots on either side. Sometimes they understand, most of the time they don’t. They are usually upset with ME because THEY planted azaleas, gardenias, cannabis sativa etc. on land that is not theirs. The more they think of having to move shrubs the angrier they become. Most of the time, though, after a few minutes of explanation and visual aids in the field they understand and go about their business. At first I dreaded these “confrontations” but over the years I have developed a modus operandi that seems to work well. Most of the time when we leave the site everything’s “cool”.
Have a great week!
> They are usually upset with ME because THEY planted azaleas, gardenias, cannabis sativa etc. on land that is not theirs. The more they think of having to move shrubs the angrier they become.
When I was MUCH younger, I was marking the Right of Way and righting CLEARING LIMITS on the lath, for a sewer project. A homer owner came out and was curious as to what we were doing. I told him and his concern turned to a Japanese Maple he had planted in the right of Way. He told me it was worth $10,000 and became quite upset when I told him he was pretty stupid for planting there.....
Looking back, it was probably not the most diplomatic thing to say. Live and learn, I always say.
Well, I'm off to do topo on a house in an old Thornton plat today, wish me luck!
I hope everyone has a great day, I know I will....B-)
Radar