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Where is the Right of Way and who gets to decide?

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jud
 jud
(@jud)
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Not enough data there to determine if it closes or not. Good sketch for a Tentative Plan to go to Planning with.
jud


 
Posted : October 13, 2010 1:15 pm
dave-karoly
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The physical location of the easement is the record location; this is a concept that must be understood by Surveyors. There is no need to show two lines. The record bearings and distances yield to the actual bearings and distances as measured by Mr. Best. Our profession is the connection to reality. Attorneys argue over words; we take the words and point out where they are located based upon the best available evidence and in light of the intent of the parties.

Intent is key.

In California you can get a Writ of Mandamus if the County Surveyor refuses to record your Survey although I've never heard of that happening. Usually the County Surveyor will just put a note on the map and record it. If there is anything unusual or different then I explain it in a note which you said you have done.

I don't know if you can get a Writ in your jurisdiction, you will need to ask a knowledgeable Attorney about it.


 
Posted : October 13, 2010 2:48 pm
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