Talk about a pincushion!

foggyidea · 2011-03-04T18:59:39Z

I am working on a dispute up in Provincetown (the party central of Cape Cod!) and had occasion to make a site visit yesterday. I did a survey of this property back in 1996 and now the abutters to the west were claiming that the lines between lots was in correct.I reviewed my file and saw that I held the occupation lines as they fit the deeds, within reason, tied into a Land Court Case, and staked the lines for a fence.New Surveyor holds two iron pipes, not called for in any deeds, that were buried in the brush. This "new" line shifts all the lines about 8-10' at the rear of the lots, making the lines skewed from road and therefore all the retaining walls are wrong and septic systems cross property lines.My recollection of the property was a little vague and I couldn't imagine what pipes we had missed the first time around. then I found another surveyors plan that showed three pipes on the back line where the problem lies. And none of the distances matched either the new surveyor or the deeds.Here's a picture of what I found when I got there yesterday.Now, I know that these were not set by surveyors, and I counted over 30 pipes across the back line, here's another picture of a few.And then a final one at the northwest corner.I am going with the Doctrine of Practical Location and neighborhood harmony. I don't think there is a problem out here. Each lot has small retaining walls running down their property lines, and they fit the deeds, within reason. All the parcels derive from a common owner in the 1860's, and were conveyed with "buildings and improvements."No problem for a surveyor here!!! Maybe a problem for a button pusher but not for me...

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Strictly Surveying

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ddsm

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Dang Dugger...and there I was with flagging and a pie...

DDSM

I'll bet that if a notice was nailed to the adjoiners' door...
http://www.arkleg.state.ar.us/assembly/2011/2011R/Pages/BillInformation.aspx?measureno=HB1781
(i) A valuable source of specific and historic information in conducting a survey; and (ii) Damaged or otherwise negatively impacted by an inaccurate survey that could have been avoided if the landowner was given notice and an opportunity to consult the surveyor before the land survey.

oh wait...
Arkansas House of Representatives
88th General Assembly
Regular Session, 2011
Member's Withdrawal of Own Bill
Monday, March 07, 2011 (time travel)
Bill Number Sponsor Recommended Committee Study By
HB1554 Slinkard
HB1781 Branscum AGRICULTURE, FORESTRY & ECONOMIC
DEVELOPMENT- HOUSE

Never Mind...

DDSM

:beer:

Posted : March 4, 2011 4:37 pm

Richard Schaut

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Established physical evidence that has been relied upon by the affected owners will fix the location of the legal boundary. That is the definition of 'best available' evidence.

Richard Schaut

Posted : March 5, 2011 9:49 am

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Talk about a pincushion!

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