Hey fellers,
Wanted to get your thoughts on this one. My classes haven't taught riparian exhaustively so I am not as confident on this assignment as others. Attached is my assignment and my original thoughts after reviewing the manual are: to go perpendicular from the end of the old property line to the new OHWM line. There are a few methods discussed in the manual, but there is nothing saying how you know which method to choose. (I am really starting to dislike anything related to riparian)
Attached are the assignment instructions
Also, after discussing this with my proffessor. consider the "meander lines" to be the actual OHWM lines.
I'm not a surveyor, and know nothing about riparian rights. Even though the professor says you can discuss the assignment, can you at least show some research? What methods have you found? Are you leaning towards one in particular?
You might want to do as mkennedy said and state the logic of your opinion, and others might be able to help you with flaws in your logic.
Consider that, even in the original subdivision that the meander lines were not in the water, and that they were more than likely "points on line' to the riparian boundary at that time. Also look @ where a line perpendicular to the meander corner would put the boundary and what kind of conflict it might have for points perpendicular to one line vs perpendicular to another line. You might want to point to the "several methods" you are mentioning (as mk says).
The underlying principle is that the partition lines are to be divided equitably. The manual provides several methods of apportionment as guidence, but since each case is unique there is no hard and fast rule. You can compare the results using the methods outlined in the manual and form an opinion of what is most equitable.
Scenario: You have been contacted by an attorney representing the owners of Lots 2, 3, 4, & 5 in the
attached diagram. There is a dispute between the owners over their boundary lines. The attorney has
asked for your professional opinion as to where the legal boundary would be located. Based on your
research, the properties have never been surveyed since the time of the original survey. You have
plotted the original meander lines and have located the water body as shown on the diagram.
A few questions:
Are lots 2 through 5 owned by individual entities? Are lots 2 through 5 one tract owned by multiple entities in common interest? Is the attorney representing multiple clients? Who is repesenting the owners of lots 1 and 6. Avulsion or erosion - accreation?
Suggestion:
Review the TIMING of the conveyances and the fluvial morphology. Try to find a copy of Jim Simpson's River and Lakes Boundaries.
DDSM
(*Practicing Land Surveyor and Potomologist)
*Arkansas
What state are you surveying this in? The ways of defining riparian boundaries in TX can differ from those in some other states... Also in Texas how the deed is written can affect how a meander line affects the property when it is originally granted from it's parent tract. Is OHWM meaning observed high water mark?
Monte, post: 381618, member: 11913 wrote: What state are you surveying this in? The ways of defining riparian boundaries in TX can differ from those in some other states... Also in Texas how the deed is written can affect how a meander line affects the property when it is originally granted from it's parent tract. Is OHWM meaning observed high water mark?
OHWM = Ordinary High Water Mark