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aliquot
aliquot
@aliquot
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Joined: September 14, 2011 5:19 pm
Last seen: September 6, 2025 2:18 pm
Topics: 16 / Replies: 2307
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RE: Virginia Surveyors Burdette v Brush Mountain Estates, LLC case

Posted by: Dave Karoly Basically what happened was the operative words above the signatures never mention the private easement which is mentioned as s...

8 years ago
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RE: Texas easement monumentation

Posted by: travishanks Another thing to consider is do surveyors really need to set more monuments in the ground? When the average Joe finds a rebar, ...

8 years ago
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RE: Virginia Surveyors Burdette v Brush Mountain Estates, LLC case

They said all lots within a subdivision had a right to use easements shown on it. The problem is they did not say anyone else could use them.?ÿ I real...

8 years ago
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RE: Virginia Surveyors Burdette v Brush Mountain Estates, LLC case

Posted by: Duane Frymire Pretty messed up, but you can't convey an interest to a 3rd party generally.?ÿ The court didn't base its decision on that, bu...

8 years ago
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RE: Virginia Surveyors Burdette v Brush Mountain Estates, LLC case

Posted by: MightyMoe I'm thinking this is different from a subdivision plat, more of a record of survey. I wouldn't want to try and convey an easement...

8 years ago
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RE: Virginia Surveyors Burdette v Brush Mountain Estates, LLC case

Posted by: A Harris Dave, I believe you. It has always been my understanding, when someone grants any and all title and rights that exists on a proper...

8 years ago
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RE: Virginia Surveyors Burdette v Brush Mountain Estates, LLC case

Posted by: Dave Karoly This is important in understanding the case: " Looking solely at the Plat, a person could not determine the size of Tax Parcel ...

8 years ago
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RE: Virginia Surveyors Burdette v Brush Mountain Estates, LLC case

Posted by: Paul in PA If it was a recorded?ÿplat, I would like to see it. "The easement was not conveyed to themselves. The owners of two parcels conv...

8 years ago
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RE: Virginia Surveyors Burdette v Brush Mountain Estates, LLC case

Posted by: foggyidea I have always counseled my clients that the plat doesn't do anything by itself. There needs to be a conveyancing document that re...

8 years ago
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RE: Virginia Surveyors Burdette v Brush Mountain Estates, LLC case

Posted by: Paul in PA In PA a recorded DOT ROW map with the Governor's signature on page 1 does convey an easement. PA is not, as may be VA, a Recordi...

8 years ago
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RE: The 10th Circuit Court of Appeals in Denver and Creek Nation Boundary

The supreme court has agreed to hear the appeal of this case.?ÿ The case is here if anyone is interested.?/p>

8 years ago
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RE: Virginia Surveyors Burdette v Brush Mountain Estates, LLC case

I guess I don't really understand how that is an out. I understand the deed cant create the easement with that language, but what I don't understand i...

8 years ago
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RE: Virginia Surveyors Burdette v Brush Mountain Estates, LLC case

Posted by: Dave Karoly I totally get it, Burdette doesn't want a bunch of yahoos driving across her property into Brush Mountain Estates subdivision. ...

8 years ago
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RE: Virginia Surveyors Burdette v Brush Mountain Estates, LLC case

Posted by: Dave Karoly We are persuaded by the rationale in?ÿDavis?ÿand conclude, as we did there, that the "subject to" language in the Roberts/Davis...

8 years ago
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RE: Virginia Surveyors Burdette v Brush Mountain Estates, LLC case

Wow, what a bad decision, unless I am missing something. This would be devastating in many states where most modern easements are created like this.?ÿ...

8 years ago
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RE: Setting the NW corner of section 35

The bearings will come from the GLO plat also...If you are having trouble reading it I suggest posting here. You will get help. For how to do a double...

8 years ago
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RE: Certified Corner Records - OK

There is a lot of other options between finding the original and eyeballing a center line.

8 years ago
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RE: Certified Corner Records - OK

Posted by: Norman Oklahoma I can't answer your question. Coordinates are helpful, but not as important as the "statement of method used to determine c...

8 years ago
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RE: Not a new law

Posted by: Dave Karoly So the state should refuse to recognize federal patents, right? ?ÿ Who is that directed at?

8 years ago
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RE: Not a new law

turned away by the US Supreme Court decades ago.That argument has lost many times in state courts too.?ÿ Local governments have a very strong well est...

8 years ago
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