Is to perform a disservice to the public, no matter how good you are at pushing buttons.
To blindly jump on the FIRST evidence you find, without considering other evidence, is to lead the public astray, with your survey license.
To ignore the deed, based on other evidence, is to ignore a possible legal position.
We are surveyors. We should consider all the evidence. And, make a professional judgement call.
That's our duty.
Nate
Nate Nate Nate... there you go making sense again?
Rampant as ever, with the present "Deed staking" business model I see over and over again.
Here come more and more pin cushioned corners!!
:-@
“We are surveyors. We should consider all the evidence. And, make a professional judgement call..”
I couldn’t agree more, but realistically it takes years of experience in order to think this way. Licensed “newbies” have a tendency to pay more attention to “arithmetic” than evidence. Sometimes even when that evidence is staring him/her in the face. I’m guilty as I am sure others are as well. I'ts called the naïveté of youth. Happens right after puberty and sticks around until you hit 30 or so.
Have a great weekend. B-)
Exactly! I'm reading Lucas' Pincushion book. Good stuff!
I agree Natester, just wish a lot of other surveyors understood that concept.
A judge (that has been quoted many times by his peers) once noted in a ruling:
“The court's determination of property boundaries as ascertained from a deed is a question of law.”
(as opposed to simple mathematics)
Of course it is a great jump to qualify our boundary determinations as a legal adjudication. It is not. But I believe in relying on the logic of case law and the wisdom of the years of rulings we have at our fingertips.
Hey FL/GA! I happen to resemble that remark. I've only been licensed since 06', which makes me a newbie with most of the folks hanging around here. The arithmetic is just another tool for finding evidence, not the end all. Reminds me of my last helper who would be so focused on the DC screen while staking something, he'd trip over the corner and keep walking, staring away at that screen. :-/
Yeah, I see a lot more of the pincushion corners and the "just use the math" mindset among the old guard than I do among young surveyors. The profession is finally taking notice and most younger professionals I meet are so embarrassed by these old, ridiculous practices that they have fully embraced the mindset of true boundary surveying and not "deed staking". Finally some positive change, thanks in large part to work done by John Stahl, Jeffrey Lucas, Chad Erickson, and the like.
Thanks for the compliments, guys. This one is a bit more tricky....
It does not close, by 20'. It does this:
Com @ NE cor 40
S 310' to CL T Trail
W with C/L 440' to POB.
W with C/L 410'
S 340'
E 412' to C/L WH Trail
N 340 to POB
So, this other surveyor, (That usually does good work) He holds that 440 call for the POB, instead of stopping at the CL int of T Trail, and WH Trail. (The original desc contains a typo right here. So, this shifts the whole survey 20' west. And, abandons the calls for CL of BOTH roads. This does not fit the plat, and overlaps the deed to the west 20' and leaves a gap 20' wide on the East.
I take that the CL of TTrail and WH Trail are the East and North sides of this. This all works in the neighborhood.
Other surveyor forces the call for WH Trail to land 20' + west of C/L. He abandons that call, and holds the numbers.... sorta. And aw, shucks. My client owns W of this above desc, and has the "Overlap" problem. When a deed fails to close, well, it is Prima Facie Evidence that sompin is wrong, and will have to give.
Since the deed above was senior, Other surveyor overlapped my clients deed. He did not detect a problem, with abandoning the call for WH Trail. IF he had used that call, then his desc won't close.
I think MEETS should yield to BOUNDS, and there is enough evidence of those bounds, and the rest of the intent, that it all becomes obvious.
Happy weekend to all.
May no tick bite you!
Nate
Amen to that. I've got one that I did in 1986 that still bothers me because later I found the missing part of the puzzle. IF I had not been so blinded by the arithmetic I should have looked a little deeper. Not a big deal, less than a foot, abutting a large spray field site with a 150 foot buffer, but it still bugs me.
Andy
Andy, that was one of the marks of a true surveyor.
N
"Yeah, I see a lot more of the pincushion corners and the "just use the math" mindset among the old guard than I do among young surveyors. The profession is finally taking notice and most younger professionals I meet are so embarrassed by these old, ridiculous practices that they have fully embraced the mindset of true boundary surveying and not "deed staking"."
Thats absolutely the opposite of what I see here...
