Until somebody can come up with a court case that is on point, that says it relates to a surveyed line, I will believe you are right.
This done around here don't cut itl
Keith
It is a part of what is known as "common law".
In some instances I've heard it argued as local practice by lawyers and judges not able to give its origin.
The examples that I have witnessed did not actually relate to a surveyed line or any of its monuments that may or not be a straight line.
Those examples relate to the land beyond the title line that people were claiming, especially past an original Grant or Headright boundary.
The state vested title within those boundaries and not beyond them.
0.02
I am sure you are right, but the argument becomes one of what defines the line.
I just cannot accept the premise that just because a line started off being a straight line, that every surveyor mark subsequent to that beginning, is either on that instrument line or illegal and not to be used.
Just my personal experience, but knowing that we were working with instruments of the time (60's) and our limit of closure was 1;5000; I know that my junior monuments were not set with the accuracy that is being discussed today. I have to believe that no Court would overturn my monuments because of the fact they were not on the instrument senior line.
In fact, I have not heard of a court case that did or would throw out my monuments because of a small technical error.
I do believe that if in fact land surveying is totally based on measurements and not valid bona fide rights; then it simply is a technical unprofessional trade and can be performed by technicians without the need of a license. I say that because all judgement has been taken out of the professional decisions and becomes a technical trade.
Maybe a good question would be: Is that monument that is a half foot off the instrument senior line, a valid bona fide right, after being accepted for 35 years?
My answer would be yes!
Can any surveyor here testify that every corner monument that has been set under his/her direction and license, is exactly on the senior line?
Keith
Hey KW, I just figured it out. You're just covering your a$$ on all those 1/16 corners you set. I think there are only a few of us left that aren't going to take your monuments to court.
line bender
LOL here and you are right.
You have read many times my same story about my 1/16ths and you will note that nobody has advocated that my monuments should move, even though I know they are not set with the accuracy that so many are proud of in today's world.
I think my 1/16 story has a point and maybe I have repeated it too many times and simply goes over the head of everybody now?
Keith
KW
Keith
Knowing you must have done a lot of 1/16 corner establishment in public lands, I'm just curoious how often you used established private land evidence to set one. I think I remeber you posting a plat or two.
> Can any surveyor here testify that every corner monument that has been set under his/her direction and license, is exactly on the senior line?
>
> Keith
Yes....of course! the line bends through the monument....haven't you been paying attention?
Mark
Right on!
linebender
I have no idea of the numbers of private survey monuments or landowner occupation lines that I have used to establish the line between Federal and Private lands, but they are many.
I have posted a portion of a survey of mine where the center 1/4 sec. cor. was a pipe and of unknown origin and had several private lot boundaries going into it. I accepted it and of course made a kink at the C 1/4 sec. cor.
I will try to post it again.
Keith
Not all, if any, original surveyors set monuments in a straight or along the appropriate curved line as intended.
Original monuments control.
Erroneous and those set in the wrong place do not necessary mean anything.
Location of monuments set must agree with your work and agree to the references that you have noted.
I am working on a mess of a survey where I found two sets of the same surveyors monuments at every corner, from 1ft to 7ft apart. His description does not fit any combination of what is on the ground.
:'(
linebender
Forgot how to post an image here?
linebender
?
linebender
It worked if you can see it?
linebender
I have posted this before to show at least one example of mine, where the C 1/4 sec. cor. was a pipe of unknown origin, but did have several private lots backing up to the center line. The Public land is to the west of the line.
Keith
linebender
Guess what I found in Clark on Surveying 5th Ed. by Robillard and Bouman when I was looking something else up. This is too good to let go. Lines Presumptively Straight. It is a presumption of law that lines, recited by bearing and distance between angle points in a deed are straight lines. This is a rebuttable presumption, in that qualifying words may be placed in the deed that will control over course. A call for "N 20 West a distance of 721 feet, along and with the existing fence line" would lead one to believe the line to follow the course, when in reality, the fence line is the true and correct dividing line, wherever it meanders.
Could it be there are even more rebuttable presumptions involving meanders along a presumptively straight lines?
