Sorry, Monuments Do Not Control Over Deeds

April 8, 2010
/ Print / Reprints /
/ Text Size+

Posted By Lawrence Paul Lopresti on 4/8/2010 at 11:04 AM

Because deeds in and of themselves are "monuments".

The State Board in using the following words can be creating a policy for future surveyors to the detriment of landowners:

"Adopting a position that the language and a deed takes precedence over 'any' survey."

In fact "monuments" do not control, "original monuments in their original position control". Anything subsequent to that original monument in it's original position must be vetted in order to accept it as control.

We have reached that point in surveying where one can determine that a found monument is no longer in it's original position. In such a case I state that a properly written deed can in fact control over a missfound monument. Given a survey creating a lot and a precise description of same in a time when that precise positioning was standard, and we find a monument out of position. Absent occupation which indicates that for a long time that missplaced monument has been relied upon, one cannot assume that it has always been misplaced.

An original monument is the point until it can be otherwise established the relative position of that point. Once that relative position has been accomplished and duly recorded for posterity, that monument is no longer the point but the "monument to the point". The corner of property no longer has to follow that monument around as it wanders. It has long been established that measurements are imprecise and subject to remeasurement, but when that remasurement is not within the probability of measurement error, one may reasonably assume that there may be other causes fo the difference. The monument may have in fact moved or been moved. In that case a deed describing the relationship of all monuments should have precedence over any single monument.

Natural monuments, "rivers and roads" are subject to movement, and we must accept that fact "it is where it is". Unnatural monument are subject to a far different evaluation.

Deeds do not just "fall from the sky" they represent a set of facts that takes great labor and diligence to overcome.

Paul in PA

To read the rest of this thread go to

Did you enjoy this article? Click here to subscribe to POB

Recent Articles by Lawrence Lopresti

You must login or register in order to post a comment.



Image Galleries

HxGN Live

More than 3,500 attendees from more than 70 countries attended HxGN Live, the annual Hexagon AB user conference, at the MGM Grand Hotel & Casino in Las Vegas on June 3-6. About 450 keynotes and panel discussions were held, and several companies from around the world exhibited their geospatial products. Here are a few snapshots from the event.


POB January 2015 Cover

2015 January

In this January 2015 issue of POB, we take a look at integrated technologies that provide real-time 3D measurements of a Brisbane construction site.

Table Of Contents Subscribe

Unmanned Aerial Systems (UAS)

With the unmanned aerial system (UAS) presence growing in surveying, you will in 2015:
View Results Poll Archive

Point of Beginning Store

M:\General Shared\__AEC Store Katie Z\AEC Store\Images\POB\epubsite\Statues-pic-large.gif
Surveyor Statues

The perfect gift or award for any special occasion.

More Products

Clear Seas Research

Clear Seas ResearchWith access to over one million professionals and more than 60 industry-specific publications, Clear Seas Research offers relevant insights from those who know your industry best. Let us customize a market research solution that exceeds your marketing goals.


Facebook logo Twitter logo  LinkedIn logo  YouTube logoRPLS small logo

Google +

Geo Locator

Buyers Guide

The #1 buyers' guide for land surveyors and geomatics professionals. Search listings for software and equipment manufacturers, equipment dealers and professional services. CLICK HERE to view GeoLocator.