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MightyMoe
(@mightymoe)
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Got a call about an access survey. It gets complicated and there is a bunch of history involved, but the parcel is up a road that is a semi county road. Problem is it's never been accepted as one. I thought there was an agreement to use it for the local owners but I have never seen that agreement.?ÿ

Anyway a nice couple called me about doing a legal easement for it. But, seems there may be some neighbors not on board. The kicker is that I surveyed the entire length about 10 years ago so no one needs to do it, but it's a long curvy roadway and not really all that defined till my survey.?ÿ

After a good 1/2 hour on the phone I said if they can't get an agreement I would look into helping them out if they wanted to come in with the title person and figure out how to proceed.?ÿ

Today I get a call from a local surveyor and he had been hired by these people and wanted to know what I have he might use.?ÿ

Hallelujah!!!!

He said he would pay me to get it to him and I refused payment.?ÿ

I know where this might go, viewers, court, and on and on.?ÿ

Just the kind of headache I don't need. I went through a similar one about a decade ago,,,,,,,it isn't fun.?ÿ

Let him have at it.?ÿ


 
Posted : October 28, 2021 1:37 pm
squirl
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Sounds like you dodged a bullet...Neo style!


T. Nelson - SAM

 
Posted : October 28, 2021 2:12 pm
Joe
 Joe
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Quick, easy, stress reliever.


 
Posted : October 28, 2021 2:34 pm
chris-bouffard
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Gotta love successfully side stepping land mines.


 
Posted : October 28, 2021 2:41 pm
jhframe
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Not exactly a parallel situation, but about 20 years ago I was hired to subdivide a large ranch that had a couple of county roads running through it.?ÿ One of the roads hadn't been surveyed since the original 19th century dedication, and the as-built location (gravel traveled way with ditches and ancient fences) didn't fit the description prepared by the viewers by a long shot.?ÿ However, the terrain -- very steep hills -- made it clear that the road had never been in another location, so I located the centerline and mapped the new lots to fit.?ÿ So far no one has complained.


 
Posted : October 28, 2021 3:16 pm

Wendell
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Posted : October 28, 2021 4:04 pm
MightyMoe
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@jim-frame?ÿ

There are state court cases that decided the county road will be at the travelled location regardless of the original surveyed line. This does help when the road needs to be established.


 
Posted : October 28, 2021 8:29 pm
ashton
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Posted by: @mightymoe

?ÿ

...I know where this might go, viewers, court, and on and on. ...

What's a viewer? Vermont has town fence viewers, but they can only decide where a livestock fence will run when it can't follow the boundary; figuring out where the boundary is up to land surveyors.


 
Posted : October 29, 2021 10:33 am
dave-karoly
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@ashton in the 19th Century California property owners could petition the County Board of Supervisors to establish a County Road from point A to point B. Viewers would be appointed to go out there and find a feasible route then a Surveyor would be appointed to survey the route. The survey usually has a vague resemblance to the actual road. Some Counties lost all the records so the County Counsel says the roads are prescriptive. But if the viewers report is available it will prescribe a width and itƒ??s a dedicated road, not prescriptive. The Surveyorƒ??s Plat shows the residents which needed to be paid damages along the route. Often this is before federal patents were issued.


 
Posted : October 29, 2021 10:45 am
Learner
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@dave-karoly?ÿ

Been in this industry a long time as a licensed engineer and surveyor, and have seen the "viewer" role at work, or something like it, many times, but never heard it called that!


 
Posted : November 2, 2021 6:17 am

holy-cow
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Road viewers were to determine the most feasible route, then the surveyor documented where that was located.?ÿ The viewers would also determine the amount to be paid to the landowners along that route.


 
Posted : November 2, 2021 9:12 am