Lucas - POB Jan '09

January 26, 2009

Posted By Richard Schaut on 1/25/2009 at 12:07 PM

One of the realities of land surveying is that there will always be conflicts between the written descriptions of land as found in the deed and the details we find on the ground.

We need to understand that our responsibility when we do a retracement survey, is to determine if the record will misdirect future surveyors, not only has it misdirected us. When it is clear that any surveyor will make the wrong decision when 'staking the deed', it is necessary, for the protection of the land owner, to correct the record description.

If we don't provide that service, who else can?

His summation paragraph gives all of us a lot to think about:

To make the subject of ambiguities more palatable, think of it this way: In essence, you are still following and staking the deed. It’s just that the property description has been rewritten to conform to the intent of the parties as found in the extrinsic evidence. Your job is to decipher the new description, not from the written words but from the circumstances existing at the time of the conveyance and the subsequent acts of the parties. Intent is still king, but ambiguity is the key to the kingdom.

Richard Schaut

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