What controls?

Without further evidence/contrary information, I would hold the found monuments.

Mr. Poole (Foggy Idea) stated something in a recent post that I agree with: Hold the record monuments and disregard the more recent monuments.

For some odd reason I find most of the road monuments from the subdivisions of the 60's and 70's to be off by 0.4' from the perimeter monuments. Two months ago we had a pair of road monuments off by 1.0' from the perimeter.

There was a covenant - a promise - a conveyance if you will from the developer to the Planning Board for every one of these subdivision roads. Can the surveyor move the road afterwards?

0.07' Sounds Like A Straight Line Instead Of A Curve

1.5' in stationing is more than likely an RTK problem.

And how wide is this worrisome right of way? and how wide is the object to be installed.

Paul in PA

You must be downright terrible......................

to do less than stellar performance of shoddy work.

"has a less than stellar reputation in my book for occasionally doing shoddy work."

What would constitute bad shoddy work as opposed to excellent shoddy work?

Other questions...
Is the road existing or being constructed?
Is the road public or private?
How do the PC's/PT's fit the physical roadway?
Is the new PUE supposed to be concentric with the road R/W or easement?
Do both solutions fall within the road R/W / Easement?

What holds up in court will be based on original intentions. Since the outfit that prepared the legal also set the pins; I say hold the monuments. It seems to me the monuments are a physical representation of what they intended to convey as an easement.

> ..3,000' of a Public Use Easement for a section of road through a parcel for placement of a cable.

Key word in this one is easement. No fee ownership changes hands and/or is implied because of that fact. You are installing a cable in the ground, not building a bridge. Besides, you said "road", so does the road exist on paper and on the ground, or just some trail through the woods? Who has jurisdiction over said road - call them.

If you get to stake the location, just give yourself some fudge. If just staking some agreed upon line, call it off as "section line", or "30 ft off section line", etc, etc.

I'd be cautious about holding monuments that for unknown reasons to you are off. Just make certain you are right.

Good luck and have fun. Oh yea, make some money... ok 😉

Are the pins at the edges of the easement or are they road centerline? Nothing says the road got built in the center of the easement.

I've learned the hard way over the years that about 90% of the time I think I've found some error in another's survey, somewhere along the way I'm the one who made a bad assumption. However with this particular outfit, my experience is more like 40-50%. They make a do a lot of work around here and are nearly always the low baller. Stuff slips by them fairly regularly. That is what I meant by shoddy. Last year I recovered corners they set along a major highway that were 20' out from where they should have been. To their credit they did fix it after I brought it to their attention.

I've concluded that the call from the section corner to the POB for the easement is 1.5' long. Had they not set those pesky corners, I would've never known there was a bust in their legal description accompanying the dedication. So tomorrow, I get to re-stake 3000' holding the recovered corners. BTW it's a paved State maintained road and there will be extensive clearing involved and folks can sometimes get pretty worked up over seeing their trees getting dropped, so I have to be right. In the paper, rock, scissors game of surveying, physical monuments win over abstract metes and bounds legal descriptions (with certain exceptions no doubt). If anybody has issues with where my stakes are, they can take it up with the folks that set those monuments. 😉

Thank you one and all for your time and input.

Cheers!

~Willy out.

It's a 60' wide easement Bill and the road is all over the place but entirely inside it. The pins are along the limits at PC and PT locations. They just don't jive with the legal description because of a bad distance given in the metes and bounds. I've always been taught to stake the document using the best available evidence of the intent in the field. There was never any mention in the record of anything being set. But on staking it, I found differently.

> Which would you hold? Their legal description or the corners they set.
You haven't mentioned any chronology or whether anyone has done anything other than set monuments. It is not the work of the surveyor that gives a monument it's dignity, it is the reliance on the part of the adjacent landowners. Think estoppel.

If there has been no occupation or nothing built with reliance on the monuments then now is the time to fix the errors. There was likely no intention to create a small gap between the section line and the easement.

Norman,
You and the others here are a fountain of wisdom.
What keeps me hanging around.
Thanks.