If you were the judge, how would you lean?

May 6, 2009
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Posted By paul plutae on 5/5/2009 at 6:58 PM

Ok, now I have not started the field work yet so I cannot answer any questions about monuments, but so far, this is what I know.

In 1993 an LS did an RS. IMO his establishment was lacking. For this reason, he is finding and holding certain control points that have no reference and is basing his survey on that. Critical deed controls points are being shown as "established by record". The control points he is holding are street intersections.

The deed calls begin at the corner of a large lot that was created in 1891. The corner of the lot that is critical is the upper left one.

Photobucket

Over time, this lot 12 was cut up into many pieces. One tract was created and a few streets were deeded to the city.
The red circle is the controlling corner for the deed call and the deed lot I am involved with is parallel with the red line, which is the edge of lot 12.

Photobucket

In reviewing the records that have been created since 1891 the red line orientation has been moving around some. The POB of the deed call has jumped around a bit, but it has basically remained in the same place.

The surveys over the years in this area really do not agree with one another. One will establish an intersection. A few years later, a different survey pincushions that with some math and so on. So you have a lot of indefinate points all around the block. The 1993 RS that was done conflicts with a previous record by almost 1.5 feet for one particular intersection.

Ok, so the party that ordered the survey in 1993 did not, let me repeat that, DID NOT, do anything with the RS's line until early this year. That was a time period 16 years where the fences still remained in place. My client and the neighbor that had the survey done in 1993 have been neighbors all this time.

The neighbor decided to start ripping out bushes and other plants that my client had planted. Had the gardner lay down a string line that basically runs along my clients edge of the drive and have been walking in that area to water plants and all that gardening stuff.

Now, the fence..

Prior to the obnoxious neighbor moving in my client, Lyman, and the previous neighbor had a common chain link fence seperating the properties. Both parties had come to the understanding that the fence was not the property line, but they respected it as the line of mutual maintenance for yard work.

Now the fence is not in a straight line for a portion of it. It was built in a serpentine manner to go around three trees, so you can see why the agreement that it did not represent the common line.

I suggested to Lyman when he first called me to contact the original surveyor that established that line and ask him how he felt about it. He said that the surveyor was confident in his establishment and offered to do another RS for $ 800. Lyman turned that offer down.

I am looking at this one that the line is pretty much one that will be ambigious in location no matter who surveys it. Since there is no way to say that this one survey from the past is better than another survey from the past. No matter what record you use to begin the survey, you come across another one that disagrees with it.

Now, with just the information that is in the post, how would you judge between the two parties for a common line?

I will answer any questions that I can but keep in mind that all I can refer to for now is what Lyman told me and the records of the area I have in my possession.

To read the rest of this thread go to www.i-boards.com/bnp/pob/messages.asp?MsgID=1407386&ThreadID=133367&IsResponse=False#1407386

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