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Richard Schaut
Richard Schaut
@richard-schaut
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Joined: July 3, 2010 2:41 pm
Topics: 3 / Replies: 270
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RE: Lake Front Property

Surveyors continuily misunderstand the function of the deed here in the US. We need to understand the rights and responibilities of the land owner, (...

16 years ago
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RE: How Say You

Check Lucas's Dec 2010 POB article and know that the owners have the right to establish their common boundary.The surveyor, having no ownership intere...

16 years ago
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RE: How Say You

CA ss 321321. In every action for the recovery of real property, or thepossession thereof, the person establishing a legal title to theproperty is pre...

16 years ago
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RE: 3rd Party ALTA Requirements - Re-Writing Legal Descriptions

The rare competent real estate attorney knows that all written descriptions contain errors and the older the description, the larger the probable erro...

16 years ago
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RE: How Say You

You have an unrecorded sub'd where the owners have established their boundaries.OBEY SS 321 of California statutes.Five years is the only time require...

16 years ago
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RE: Professional Opinion Survey

Mr FrymireYour client lost ownership rights when he did not protest the location of the established boundary within the statute's specified time limit...

16 years ago
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RE: Professional Opinion Survey

Dealing with retracement surveys, there are two principles that apply.The first is that the record description is not controlling and the second is th...

16 years ago
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RE: Party Wall Problem

This years update for Backman & Thomas's "A Practical Guide to Disputes Between Adjoining Landowners - Easements" has an extensive update of condo...

16 years ago
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RE: Surveyors Certificate

The function of these types of certifications is to eliminate the need to prove that the surveyor had a duty to those who MAY want to sue you.Your res...

16 years ago
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RE: Yet Another Example of a Written Description

There is nothing stopping a reasonably competent surveyor from placing a document including a survey and an owner's affidavit in the public records so...

16 years ago
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RE: Franchise Utility

Check your state laws governing municipal authorities, there are rules they must follow for road widening.It is a form of extortion when they 'require...

16 years ago
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RE: OK, what is the right way to do it wrong?

It is the owner's responsibility, not the state or the surveyor, to protect the owner's interest.If a state has a statute of repose or limitation that...

16 years ago
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RE: OK, what is the right way to do it wrong?

If the whole section is in private ownership, there is no requirement to follow the Manual in creating parcels of land within that section. You only ...

16 years ago
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RE: OK, what is the right way to do it wrong?

If established physical boundaries run in cardinal directions and the area is similar to the area called for by the aliquot part description, bona fid...

16 years ago
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RE: Problem of the week

Don't forget that Iowa recently passed a 'boundary by acquiesence' law that may make the occupation the determining factor in fixing the location of b...

16 years ago
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RE: Field Books

Mr. Falk & Mr. BreysacherIn the US, a surveyor begins 'building his case' before getting to the job site. How do you convince a judge you were in...

16 years ago
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RE: Field Books

RADUDifferent legal system = different priorities.Richard Schaut

16 years ago
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RE: Field Books

Mr. Morgan& Mr. AdamsYou are right, the 'field book' can take many forms; pencil & paper, digital camera & numerical photo log, video tape...

16 years ago
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