Duane:> So, I put the question back at you. Can you provide any case law that says an original monument should not be honored because it was set l...
I've said repeatedly that I don't think this is about math or "deed staking," and that there are a number of scenarios in which I would accept the 496...
I don't think I've said the survey and/or pins have to be specifically called but rather that the buyer must be on notice of them. Clearly in Slipp th...
The compass bearings and distances in the Slipp deed practically scream "survey!" and one would rightly search for survey monuments and any other "foo...
JBS:Re: "Has anyone ever read a case where the courts used measurements to disprove a monument? I've read literally thousands, and never once have I s...
Can you provide some documentation for the legal presumption that Eastman saw the pins?In Slipp (the Maine case Brian posted yesterday) the court went...
Brian:The deed in Lex's original example read “the eastern 500’ of Jones’ land”. I can't see what term in that description becomes unclear simply beca...
> Here's some more definitions of latent ambiguity from Maine:> > 595 S.W.2d 453 (1980) KRATZER> > "A latent ambiguity is an uncertaint...
I don't think I've claimed Maine law is different from that of other states, just that I don't know the laws from other states so well -- so I've emph...
Good solid Maine law. Note incidentally that Knowles is quoted in its entirety early in the 2d edition of Brown's Evidence and Procedures for Boundary...
JBS:In the example I gave, the three oaks found render the language in the deed -- the call for a single oak -- latently ambiguous. I can't see how fi...
JBS:No, Maine does recognize that difference. But I believe our courts would limit their finding of latent ambiguity to the deed itself -- i.e. the de...
David:> You seem to be trying to make this more complicated than it really is. The survey was made along with the conveyance of the east 500'. Th...
LR:I've gotta run so I can't dig out a cite, but I believe that in Maine the courts will only allow extrinsic evidence to clarify an ambiguity in the ...
Stephen:Re: "Which provides deeper and more lasting impact on the five senses: written words on a deed or physical monuments set in the ground? The an...
Newton:I stand corrected!
Paul:Borrow an instrument? If only! In Maine they'd borrow the wife's sewing tape and the kid's Captain Marvel compass, and set coat hangers!
David:And yet on the very first page of that chapter Clark writes "...the surveyor must realize that his primary duty is the identification of a land ...
Senior nights?The money for the survey was well spent. The culprit here is the 1960 scrivener, who should have called the pins and the survey in the d...
JBS:>That presumption is overcome when Eastman testifies, "I was completely unaware of the existence of a survey or markers on the ground, and I ne...
