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Tract in the wrong lot

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MightyMoe
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a tract was described in Lot 3 when it actually is in Lot 2. There is a 500' shift in the deed vs the location, for this one I was lucky and recovered all 5 monuments, they are uncalled for, they don't match the legal all that well, but like Nate I'm accepting them:


 
Posted : May 10, 2016 7:15 am
Brian Allen
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500 feet? Really, 500 feet off of the called for deed location? Are you kidding me? Are you really declaring that, based on solely on uncalled for monuments, you are now moving a persons property and title 500 feet? I hope you have an whole pile of quick claim deeds..........

Where have you been the past few days? Didn't you see the he11 and damnation Nate brought down on himself by merely proposing accepting uncalled for original monuments that were off a measly few feet, and here you go sticking your neck into the noose for an outrageous 500 feet? Are you drunk???

And I thought going for a root canal today was going to be unpleasant - there ain't no way I'd trade you places today. It was nice knowing you buddy.....


 
Posted : May 10, 2016 7:32 am
BajaOR
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Is Beer Leg accessible from jail, Moe?


 
Posted : May 10, 2016 7:39 am
nate-the-surveyor
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He he he!


 
Posted : May 10, 2016 7:40 am
DeletedUser
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Erroneous Description.
Gotta be fixed & you gotta do what you have to do. Not at all like Nate's job


 
Posted : May 10, 2016 7:44 am

Crashbox
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If it were me, I would insist on a chain of title going back to statehood and thoroughly examining each transaction, and possibly contacting prior owner(s) or their relatives for the existence of additional locative and corroborative evidence. But that's just me.


The only superior evidence is that which you haven't yet found.

 
Posted : May 10, 2016 7:45 am
MightyMoe
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Brian Allen, post: 371403, member: 1333 wrote: 500 feet? Really, 500 feet off of the called for deed location? Are you kidding me? Are you really declaring that, based on solely on uncalled for monuments, you are now moving a persons property and title 500 feet? I hope you have an whole pile of quick claim deeds..........

Where have you been the past few days? Didn't you see the he11 and damnation Nate brought down on himself by merely proposing accepting uncalled for original monuments that were off a measly few feet, and here you go sticking your neck into the noose for an outrageous 500 feet? Are you drunk???

And I thought going for a root canal today was going to be unpleasant - there ain't no way I'd trade you places today. It was nice knowing you buddy.....

In the rain and a little snow yesterday, set all the final monuments, my PC was out for the day so I could steal his R10,,,,,,WOW!!

I have to say that thing is soooo good, I don't get to use it very often, but I had a point in the deep woods and it got it no problem........

Walked the site with the owner, explained/showed him everything I could, he wasn't interested in going to my high points.
They will get with the other owners, the simple thing may be to do a boundary line adjustment plat and rewrite the deeds, he thinks everyone will go along with that, which should solve any issues created by the existing deeds.

All in all, if I could survey those kinds of tracts every day I would be very happy.


 
Posted : May 10, 2016 7:49 am
MightyMoe
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SellmanA, post: 371408, member: 8564 wrote: If it were me, I would insist on a chain of title going back to statehood and thoroughly examining each transaction, and possibly contacting prior owner(s) or their relatives for the existence of additional locative and corroborative evidence. But that's just me.

Yes I do have the deeds back to the patents, really there aren't many, for the whole site including adjoiners there are about 10 deeds.


 
Posted : May 10, 2016 7:52 am
paden-cash
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Title issue, not a survey issue...and you apparently have recovered the boundary. Draw your survey showing the physical location of the existing boundary and let the title folks duke it out.


 
Posted : May 10, 2016 8:09 am
vern
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POB tie with a busted bearing direction. Happens all the time.


 
Posted : May 10, 2016 8:12 am

MightyMoe
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vern, post: 371415, member: 3436 wrote: POB tie with a busted bearing direction. Happens all the time.

Yep,,,,,although in this case I think it's a POB tie using the wrong POB, they thought a state line monument was a center of the section, about the 500' you see. They used a brass cap totally unrelated to the section,,,,,at least that's my guess, and they used it for another parcel


 
Posted : May 10, 2016 8:33 am
bill93
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MightyMoe, post: 371409, member: 700 wrote: boundary line adjustment plat and rewrite the deeds

Corrective deed?


 
Posted : May 10, 2016 9:36 am
vern
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MightyMoe, post: 371421, member: 700 wrote: Yep,,,,,although in this case I think it's a POB tie using the wrong POB, they thought a state line monument was a center of the section, about the 500' you see. They used a brass cap totally unrelated to the section,,,,,at least that's my guess, and they used it for another parcel

The first thing I noticed was the symmetry to the dashed line.


 
Posted : May 10, 2016 9:39 am
MightyMoe
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Bill93, post: 371439, member: 87 wrote: Corrective deed?

There are a number of ways to handle it, the title people usually will have some suggestions.


 
Posted : May 10, 2016 9:41 am
MightyMoe
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vern, post: 371441, member: 3436 wrote: The first thing I noticed was the symmetry to the dashed line.

I didn't notice it till I set the N1/4 (the original point of commencement-also called the center of the section in the deed) on my plat I could see that it is 505' west of a brass cap,,,,,,,,sooooo
anyway that's my guess explaining what happened.


 
Posted : May 10, 2016 9:45 am

Lamon Miller
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I would investigate who is responsible for the 500' call in the deed and if still around, question them.


 
Posted : May 10, 2016 9:57 am
MightyMoe
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Lamon Miller, post: 371446, member: 553 wrote: I would investigate who is responsible for the 500' call in the deed and if still around, question them.

It was done in 1920


 
Posted : May 10, 2016 10:02 am
cee-gee
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MightyMoe, post: 371399, member: 700 wrote: a tract was described in Lot 3 when it actually is in Lot 2. There is a 500' shift in the deed vs the location, for this one I was lucky and recovered all 5 monuments, they are uncalled for, they don't match the legal all that well, but like Nate I'm accepting them:

The bad lot call is no more than a minor error in the description which will yield to the recovered monuments if you've got enough evidence that they are the original monuments -- so long as all this isn't the tip of the iceberg of some serious title problem (not your problem if it is).


 
Posted : May 10, 2016 10:40 am
MightyMoe
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Cee Gee, post: 371459, member: 451 wrote: The bad lot call is no more than a minor error in the description which will yield to the recovered monuments if you've got enough evidence that they are the original monuments -- so long as all this isn't the tip of the iceberg of some serious title problem (not your problem if it is).

original? probably not
however, they are very visible and being used by the cabin owner, I'm not going to reset anything.


 
Posted : May 10, 2016 10:46 am
Jim in AZ
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MightyMoe, post: 371462, member: 700 wrote: original? probably not
however, they are very visible and being used by the cabin owner, I'm not going to reset anything.

Good job brother! Nice to know there are some surveyors that Robillard didn't corrupt!


 
Posted : May 10, 2016 2:15 pm

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