The original subdivision of this area goes back into the late 1920s. Imagine a long rectangle broken into about 16 lots, eight lots per side. The rect...
My lead sentence when I started the post was, "I'm embroiled in a trespass case that hinges on ownership being to outside face of walls versus centerl...
Trespass as an issue is raised when discovered. I trust that's what you mean by timely.?ÿ Judges are hardly qualified to differentiate between retaini...
Thanks for the comment. Again, the boundary per se is not in dispute. Every surveyor who has run the line agrees. And the issue of AP is before the co...
Ah, you've just opened the Pandora's box of expert measurer versus professional (as in, PLS). I'll leave you with a quote from Jeff Lucas: "Any highl...
Steve, the wall isn't an issue on the boundary, and therefore not considered in any priority of calls. The wall issue is solely AP, and whether it is ...
Another comment... the drill hole in the front goes back a decade only, and the rebar in the back about 8 yrs. Since that 2009 survey, three other sur...
Mike, it is in fact a retaining wall. The abutter's property is about four feet lower vertically. I think I mentioned somewhere in this thread that it...
Thanks. And yes, Don comes as close as anyone to addressing the issue. There are about 11 pages in "Forensic Procedures" that I've already forwarded t...
As I noted, neither deed references the stonewall. Both deeds are just metes and bounds--distances and bearings to a "point; thence proceeding" etc.&n...
Neither deed references the stonewall
There's an argument, attorney to attorney, regarding the wall's ownership. As I've noted, the abutter claims the wall, given it's a stonewall, is join...
Duane, this isn't a case of loss of original monuments. The line has now been surveyed by four surveyors: all agree without exception to the line, whi...
Thanks for all the comments. We're a little off-track. I've probably been less than precise. My original post was seeking texts, books, treatises--any...
Good suggestion.
Thanks, Ken. Deeds are a metes and bounds recitation only. Of course. ????
Great question. Unlike typ farmer's walls in this area (always rounded, loose stones) this one is chunks of fractured rock that are cemented together ...
Chap's IV and V not relevant. VI has a single, somewhat ambiguous paragraph. And it does not acknowledge the shift in assumption over time between cen...
Further detail. The wall in question was built about 1932. It also has side or perpendicular wings that attach directly to the 1932 house. The house o...