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duane-frymire
duane-frymire
@duane-frymire
Member Founder
Joined: July 2, 2010 5:21 am
Last seen: August 5, 2026 9:00 am
Topics: 17 / Replies: 1907
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RE: Subjective Uncertainty v. Objective Uncertainty

The point is that a quit claim deed is no longer needed if the thing goes to court and gets a decision. The reason to use a quit claim is as I said a...

14 years ago
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RE: Copyright TTT

A NY case 10-15 years ago protected tax maps. Some company was overlaying the tax maps with topographical information and reselling them. Court said...

14 years ago
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RE: Subjective Uncertainty v. Objective Uncertainty

In my area a boundary line adjustment is when one sells some property to the neighbor. It gets less scrutiny than a subdivision because it is not cre...

14 years ago
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RE: Subjective Uncertainty v. Objective Uncertainty

I was trying to capture the largest possible sample of situations with my statement. Not limited to anything in particular, but rather encompassing a...

14 years ago
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RE: Subjective Uncertainty v. Objective Uncertainty

Well, modern boundary by acquiesence is also trying to pound a square peg into a round hole. The courts can not agree with a certain set of facts and...

14 years ago
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RE: Subjective Uncertainty v. Objective Uncertainty

I didn't read the Idaho decision, but I'm familiar with what it probably says. NY law is similar and in fact many of the early decisions in the weste...

14 years ago
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RE: Subjective Uncertainty v. Objective Uncertainty

Well, because we don't need to presume to know that a 100 year old fence was built at or nearer to the time of the original survey. So the proper pre...

14 years ago
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RE: Subjective Uncertainty v. Objective Uncertainty

Not at all Keith. What we are talking about is rejecting lines the landowners have established in favor of lines that subsequent landowners have trie...

14 years ago
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RE: Dowsing for Boundary Agreements

Kent, if by Dowsing you mean the magical locating of an unknown by use of a medium, then I think the CA legislature is way ahead of you. The complete...

14 years ago
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RE: Subjective Uncertainty v. Objective Uncertainty

Dave, you may well be correct. In fact, the same case may lose in the same court in northern california tomorrow. The CA courts are analyzing things...

14 years ago
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RE: Subjective Uncertainty v. Objective Uncertainty

Having read them, I think both turn on the one question of what the intent of the parties was.I think the courts in both decisions make clear that obj...

14 years ago
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RE: How close is close enough

I think you need to do more research. Depends on where you are though. In NY I would be suspecting that you have an old turnpike. These mostly went...

14 years ago
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RE: Subjective Uncertainty v. Objective Uncertainty

Dave, sounds interesting, I'll have to search back and read them. One of the quotes I like is "all retracement surveys are based in history" or somet...

14 years ago
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RE: Subjective Uncertainty v. Objective Uncertainty

"there are monuments not exactly where the Deed would indicate they should be located"That is an objective statement. It requires analysis of evidenc...

14 years ago
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RE: Ethics and Professionalism in Surveying

"I'd place the appearance of impersonality or objectivity ahead of the need to have members of the public assume that any land surveyor is competent, ...

14 years ago
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RE: Ethics and Professionalism in Surveying

Again, I don't disagree. But there's a difference between how one should approach the situation and how one deals with it as it unfolds, and I think ...

14 years ago
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RE: Ethics and Professionalism in Surveying

I agree with the surveyor responsibilities you elaborate on. But from an ethical standpoint I think one needs to approach the situation with confiden...

14 years ago
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RE: Ethics and Professionalism in Surveying

1) What are a surveyor’s ethical responsibilities in accepting an existing surveymonument as a property corner?Presume the previous surveyor performed...

14 years ago
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