Notifications
Clear all

Where Did the "First Surveyor" Doctrine Come From?

144 Posts
17 Users
0 Reactions
27 Views
(@nate-the-surveyor)
Posts: 10522
Registered
 

Well, confound it. If a landowner owns some two hundred acres, goes out and hires the cheapest surveyor he can find, who goes and subdivides it. He sets corners all over the place that generally match the Plat. Then writes legal descriptions. Which obviously sort of match the plat but contain errors. Is not this survey at the original survey? And don't his markers hold? And would it not be erroneous to come in there correcting everything with Junior Senior rights?
I'm in one of those right now.

 
Posted : April 26, 2016 12:54 pm
(@nate-the-surveyor)
Posts: 10522
Registered
 


Here is a mon set by original surveyor, the pinch top. Mr modern tripod jockey set his own marker, 0.57' away.

 
Posted : April 26, 2016 1:29 pm
(@dave-karoly)
Posts: 12001
 

How Title is handled was upgraded in the 17th century with the Statute of Frauds by Act of Parliament in 29 Charles II, Chapter 3. Before that the old medieval system of parol transfers was still legal making it difficult to determine whether your Grantor had good title and making fraud easier. Boundary Location is still using the old parol system from medievel times. Occasionally there is a written boundary line agreement but those are exceedingly rare. We have the technology and ability to upgrade boundary and, over time, make it more certain and putting grantees on constructive notice of the actual boundary location. But which profession could lead this effort? I have no idea ;-).

from Wikipedia:

The statute of frauds refers to the requirement that certain kinds of contracts be memorialized in a writing, signed by the party to be charged, with sufficient content to evidence the contract.
Traditionally, the statute of frauds requires a signed writing in the following circumstances:
Contracts in consideration of marriage. This provision covers prenuptial agreements.
Contracts that cannot be performed within one year. However, contracts of indefinite duration do not fall under the statute of frauds regardless of how long the performance actually takes.
Contracts for the transfer of an interest in land. This applies not only to a contract to sell land but also to any other contract in which land or an interest in it is disposed, such as the grant of a mortgage or an easement.
Contracts by the executor of a will to pay a debt of the estate with his own money.
Contracts for the sale of goods totaling $500 or more.
Contracts in which one party becomes a surety (acts as guarantor) for another party's debt or other obligation.
This can be remembered by using the mnemonic "MY LEGS": Marriage, contracts for more than one Year, Land, Executor (orEstate), Goods ($500 or more), Surety.

 
Posted : May 6, 2016 7:47 am
(@warren-smith)
Posts: 830
Registered
 

Dave,

The upgrade to the Domesday Book is ............ GIS +o(

 
Posted : May 6, 2016 8:29 am
Page 8 / 8