Posted By Deral at Home on 6/15/2008 at 9:33 AM
First, let me say that I appreciate all your time lately on some of the really good legal/surveying threads. I generally side with you, Brian and a few others when it comes to most of our rural surveys.
I'm more prone to side with Kent and the Texas guys when it comes to retracing inside our town proper.
This seems contradictory but it really is not.
In the rural areas we often have a huge gap in the records since the BLM set the stones.
But in town then I find a wealth of original evidence of the older subdivisions along with a good chain of title and lot/block descriptions.
I also find pins set subsequently that are just wrong for one reason or another.
The reason usually involves less than adequate field research and digging and sometimes just poor field work and sloppy methodology.
A person that owns a 100 x 60 lot deserves the same careful survey that someone with 160 acres deserves.
I've been here 12 years and I now have many areas with the entire block and all lost recovered making any survey work fairly fast and efficient.
If I do a lot in a block that I have not been then it involves surveying the entire block to see how all the geometry of the plat fits all the evidence.
In private practice, this would be a money loser on the first lot but pay off in subsequent surveys. In our military town then property change hands fairly routinely so it would be a sound business decision to spend the extra on the first trip.
I'm not sure where I'm going with this but for the past year then my mind has started wondering just if "WE" should leave in goat stakes and others points when we can prove that they are incorrect.
Very dangerous thoughts and I've never before considered pulling anothers pin but yet if it's left then somehow that says that we don't care enough to fix the problem.
It is one thing to honor pin that does not match the record course and quite another to find a bust and not to correct it by putting in a new pin and removing the scrap.
I have one pin that I'm thinking about. It is obvious from my survey that they found two back lot pins, turned 90 and went the record distance. This record distance puts the pin out into the road right of way which has both block corners existent along the front. They failed to stop at the intersection and probably did not even look for either block corner when when set this pin.
I know this is a can of worms and there are possibly many ethical issues involved but as we get older we often consider solutions that remove all doubt. Pincushions only create doubt and make us look like idiots.
I think to pull a pin then you would have to supply the reason and the data to back it up. Proof that it was set using the wrong reasons. Such as a stubbed in pin or such.
In Lawton, I rarely consider occupation as evidence. I merely map it to note the problems with fences, pools and such. I still honor the original subdivision corners.
Fences in Lawton are built by fence builder and rarely has a survey been done to install a new fence.
I cannot fathom the RS method of holding every fence in an orderly subdivision to correct a record which does not need correcting. Fences in town are just fences and have little more weight than a swing set.
This probably makes little sense but it has been bouncing around in my head after reading some of the posts of late.