Went to set a corner today and the adjoiners wouldn't let me set it.
It's 0.15' N45E of the chain link fence post. Jobo would say hold the fence post. Could be my 0.15', in fact, probably is all in the interpretation because it's all from perpetuated monuments 660' or more away. If I had been smarter (when I drew it) I would have held the fence post and called the monuments off.?ÿ
State says I'm supposed to put a tag with my number on monuments I set.
Adjoiner wouldn't let me set anything, and will probably destroy anything I set.
It's the fence post. I already printed it. So I'm gonna take out my sharpie and note at that corner "falls at chain link fence post, adjoiner refuses access to set monument" and let the real estate attorney who is already on the case handle it. The irony of not letting me set a marker 0.15 N45E in the asphalt in the right of way. Don't know why the GDH we don't have an IQ test before people are allowed to buy property.?ÿ
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Sounds like they did you a favor not letting you pincushion the monument. ????ÿ
Does anyone remember setting liners at the CL of the street??ÿ
Did you ask the adjoiner why he didn't want it set?
I'm sure there's more to the story, but it seems odd to me that you view the math as immutable and the physical evidence as being off.
If you can't get access to set something, are you sure there isn't a mon already there?
HB's profile words do not indicate a deed math staker attitude.
The way I was trained to set a witness post, not to be confused with a witness monument was that the stake would sit on the clients property, facing the corner at 45 degrees.
The justification was that it would inform anyone approaching the monument from off the property of it's existence and stated position. Further the stake would be on the clients property and therefore to disturb it would involve trespass.?ÿ
I have thought before that putting the witness post right on line may be better because since it stands proud it can be seen where the monument at ground level is not.
They do not have the authority to forbid your setting the point. I can certainly relate to stepping back from the conflict, but dunno about the note.
If we are required to record and required to set, then the wishes of the client or adjoiners plays second fiddle no? I can certainly think of many scenarios where the client may wish to not set anything or certainly to do it as discretely as possible.
Is it okay to entertain such requests?
I was trained to set a witness post
That??s the same with me. I usually try to set it (with a cap identifying it as a witness corner) online but that??s not always possible.?ÿ
If you accept the fence corner as the true corner, is this what is meant by "ownership by occupation" or something like that?
I would go around to the alley and set a bar in the asphalt at what I have determined to be the true corner (based on sound evidence).?ÿ This is not on what the neighbors believe to be their property.?ÿ They would have a great deal of fun attempting to get that two-foot bar out of the asphalt.
Witness monuments, by definition, are on line so if you're setting stuff that isn't then hopefully you're labeling those reference monuments.
@flga-2-2
?ÿPer our minimum standards witness monuments are to be set on line and no less than two feet from the corner with the measurement to be in an integer number of feet (2,3,4,5,6, etc.)?ÿ Ideally, both would be the same distance from the corner.
Florida is different, a witness corner can be set anywhere provided it's clearly labeled and tied to he actual corner.
@flga-2-2
FL 16.503(4) defines "referemce monument", which is what you are describing. Witness is undefined.
Both terms have consistent definitions in authoritative texts and most state laws. It may seem like semantics but they are two separate things. The definitions point to different purposes and methods when used in restoration of other corners.
This is one of the cases where surveyors need to fully understand the laws (statutes) of the state in which they are working.?ÿ I can see how this can be very confusing to those who routinely work in multiple states.
