Looking to make a new fence first one is from 2001 and was done with pins and 2nd was done in 2011 and done with a 11 year old fence post. what should I do to prove mine is right?
My lot 2001 
there lot 
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They both look questionable to me. One surveyor just held the fence post, the other surveyor didn't describe what he held or set. Is this one of those mortgage inspection surveys I've heard about ?
> Looking to make a new fence first one is from 2001 and was done with pins and 2nd was done in 2011 and done with a 11 year old fence post. what should I do to prove mine is right?
With only the limited information presented available, probably the first thing I'd do is speak with the neighbor and show him that the 2001 map shows the fence 1.6' into your lot from the corner. Poking around there might turn up the original pin. Second, I'd contact the 2011 surveyor and ask if he's aware of the 2001 survey -- he might change his thinking if he's aware of a prior survey showing the corner 1.6' from the fence post.
Good luck!
WOW!!
That's an interesting one. There are elements of both plats that I kinda like and then there are parts of both that I greatly dislike. Not knowing which one of the two came first makes it harder to make even a guess which is "correct". I have an opinion as to which of the two that I think would hold more water by a legal entity, but I think I'll reserve stating that opinion. Your best bet is to get the two surveyors to talk and come to some sort of resolution rather than surveyors from all over the USA taking wild guesses about it.
Seriously, you need to keep it local... Maybe even get another surveyor (3rd?) to look at it if you aren't sure.
Good luck.
Carl
Now that I look closely, There seems to be an explanation as to why the fences are screwed up. In the first image, check out how the rear corner between 37-38 doesn't line up with 52-53 by a couple of feet. The fence is shown built to the wrong corner, then they probably measured 76 across the back to set the other post. IMO, the fences look to be wrong.
You can also see in the second image that the bearing on the common line is off a bit. He held one fence post off by 46 minutes, and the other fence post is over a foot too long .... I like the first survey.
Here is a key to the first Image
Most Surveyors are telling me that the 2nd guy should of never went of the fence post and located the pins the the ground is this true?
> Is this one of those mortgage inspection surveys I've heard about ?
From looking at the maps, I'd say the lots are in San Antonio, Texas. Both surveys were required to meet the minimum technical standards of the licensing board in force at the time. They were both required to be boundary surveys and to show all of the evidence from which the boundary was determined, among other things. The sad fact is that the market for residential surveys is dominated by the free market's desire to pay as little as possible for a survey and there are firms who specialize in working to that standard for real estate transactions.
In Texas, the Texas Board of Professional Land Surveying regulates the practice of professional land surveying, which both maps are products of. Questions and complaints about any licensee can be forwarded to the Board at:
12100 Park 35 Circle Bldg. A, Suite 156 MC-230
Austin, TX 78753
Phone: 512-239-5263 Fax: 512-239-5253
The TBPLS can help you locate the surveyors if for some reason you have trouble doing so. They can also advise you on what the surveyors's obligations toward you are if the surveyors seem unresponsive. Even if the survey didn't cost much, the surveyor had an obligation to provide a reliable product that met all of the standards of the TBPLS at the time.
I don't feel I am doing anything wrong asking other professional surveyors opinions on this forum
San Antonio, TX - North is to the right, same as on the surveys posted.
Scary what you can find with very little info to go on.
This is the pertinent part of the plat of Northern Hills Unit 10. It was done by Macina, Bose, Copeland & Associates, Inc. formerly R. Marvin Shipman & Co. Consulting Engineers, San Antonio Texas. It was platted in 1977 and it does not appear that the corners were set at recording.
Not true at all. All of the evidence should be located. Generally speaking, any lot survey requires gathering enough evidence to establish the block configuration that the lot is part of. All of that evidence may not be shown on the individual lot survey. Nothing wrong with asking questions here, but there are too many possibilities to get a meaningful answer other than contact the surveyor who performed the survey. The wood posts may have replaced iron pipes; iron pipes may not have been actually set; the surveyor or crew may have missed finding iron pipes that are there; the immediate area evidence may be in conflict with a more extensive investigation of the entire block, etc., etc.. Both surveys could be correct, both incorrect, or one correct and the other not.
There are a plethora of general rules of evidence that might or might not apply to your situation. The people you are talking to have simply picked one out of thin air and applied it to your situation without knowing all the facts. It might turn out to be correct, but that would be merely coincidence.
I think I would agree with the Pseudo Ranger's assessment. It appears that whoever built the fence on lot 38 may have used the common rear corner of lots 52 & 53 instead of the common rear corner between lots 37 & 38. The found 4"x4" wood post found on the lot 39 survey appears to be the fence corner shown on the lot 38 survey.
Just based on appearances, the lot 38 survey looks better to me. Although I have to ask, did he really find rebars in the sidewalk? The found x-cut sounds more likely. Also, I'm not from Texas, but in Florida, I would find it a bit unusual not to find either of the back corners on a developed lot. Surely they surveyed the lot before constructing the house. Where did they go? Is there some reason that they would have been knocked out for them to be needed to be reset? Also, in Texas is there no requirement to tie down the nearest block corner or other identifiable corner to prove that you are surveying the correct lot? Both surveyors only tied to the neighboring lot corners.
I didn't mean my "WOW" to mean that. I said it in the way of "Wow, that's an interesting situation".
Sorry about that.
> Also, in Texas is there no requirement to tie down the nearest block corner or other identifiable corner to prove that you are surveying the correct lot? Both surveyors only tied to the neighboring lot corners.
Here are a few of the the rules that apply:
Note in particular:
>(d) All boundaries shall be connected to identifiable physical monuments related to corners of record dignity. In the absence of such monumentation the land surveyor's opinion of the boundary location shall be supported by other appropriate physical evidence which shall be explained in a land surveyor's report.
> Scary what you can find with very little info to go on.
No kidding, I don't think I want to post here anymore. You guys can figure out everything about me.:-P
In Texas, if you record a plat indicating the corners as set, they had better be set otherwise it is a $1500 dollar fine and reprimand by the BOR for every corner not set. Depending on the regulating authority (County/City), some will not allow the plat to be recorded until all of the infrastructure is built. The developer has to post a bond to ensure he will finish the development and not leave incomplete developments for the county or city to have to take over.
City of Austin requires the plat to be recorded before you can develop the tract.
In the 70's in Houston, then in the 80's in Austin, I worked for companies that would typically stake blocks at a time for the developer as each phase came on line. First came wastewater, then water, then the road. Those services ran (typically) under the road course so they would go in first, with their stub-outs. One day, the contractor would destroy every other front lot corner to locate pairs of sanitary service stacks; the next day the contractor would take out every other remaining front corner for the pairs of water meter stubs; the day after that, the contractor would trench down the complete rear line and take out all of the corners so he could put electrical and/or cable service in. We would have to re-stake all of the corners so the foundation contractor could set his forms. For the fronts, we might end up with "x"s on manholes, iron rods inside water meter boxes, etc., the rear corners would consist of rods in or near catv boxes, or "x"s on transformer pads, etc., but could also be torn out by the developer when he had fences constructed. Then there might be a PK nail reset on top of a fence post. All of this before the first family has even moved in.
There is X on the side walk about 5 of them in a 6 inc radius
Use the surveyor that will accept liability!
"Said with tongue planted squarley in cheek" 😛
joe
Two surveys which one is right? *WITH DISCLAIMER*
> Looking to make a new fence first one is from 2001 and was done with pins and 2nd was done in 2011 and done with a 11 year old fence post. what should I do to prove mine is right?
>
> My lot 2001
>
> their lot (2011?)
>
> Post reply
A quick and dirty run of the math of the boundaries shows that the 4"x4" wood post shown in 2011 would be that magical 1.6'± shown from the supposedly "set 1/2" iron pin" in 2001 on Lot 38 IF the marks at the street line are held as the same bearing base. (*DISCLAIMER* I only did a little math on some pictures posted on a website on the internet and that in no way constitutes a field survey or legal advice *DISCLAIMER*)
Your latest comment saying that there may be " 5 marks within 6 inches of each other " is quite disturbing also. Your lot seems to have an indication of conflicting boundary evidence. (*DISCLAIMER* I am only going by phrases that you used in another post on this website on the internet and that in no way constitutes a field survey or legal advice *DISCLAIMER*)
There's simply no way for us here on the internet to make a very qualified assessment that would be worth anything. You need to have someone locally to you look at these and help you out.
Out of curiosity, what does the black statement at the lower left hand of the 2001 / LOT 38 plat say? I think inquiring minds here would like to know.
