Posted By RANDY HAMBRIGHT on 5/6/2008 at 5:05 PM
I posted a few days ago about a boundary issue that I was involved in with 3 other surveyor's.
Maybe I left some facts out, so here goes.
This was about a fence line that I did not accept because I used proper surveying methods to justify my actions.
The parties involved and their attorney's hired some else to re-survey the property and he agreed with me.
Anyway, I just looked at that old post and you had an interesting response.
"Post the facts and the laws that applied.
Richard Schaut"
Facts:
Recorded subdivision about 40 years old, lot lines are 90 degrees to the street and go to a certain contour line of the lake. Calls for 5/8" inch iron rods at all lot corners. Many original front pins found, back pins along the lake are rare due to several floods.
Very high dollar real estate.
Laws applied:
I don't know, how about the one that you re-create the original survey from found evidence. We call it "Common Law".
No fences were ever shown or mentioned on the original plat.
Lets be very clear here, no party on either side was going to agree to the fence and believe me I suggested a boundary line agreement, around here we would have had to re-plat going thru hoops with the local governing body and there was no guarantee that it would ever happen. Due to minimum lot widths, etc.
But that was the wrong thing to say at that gathering, believe me
There was no "defective deed" here, it was lot so and so in so and so subdivision. Period!!!!!
It is just simple common law stuff.
Any comments on how you would do anything different?
If you were standing in my shoes (size 16 by the way), lets hear how you would handle this one.
You talk about defective deeds, I think you have defective owners and just "create harmony" (we call it fence line surveying) with disregard to the facts.
No court cases need to be recited here, just plain old simple common law.
If not the surveyor, then who?
Randy
