Posted By Richard Schaut on 1/25/2009 at 12:07 PM
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:
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.
To read the rest of this thread go towww.i-boards.com/bnp/pob/messages.asp?MsgID=1351529&ThreadID=128526&IsResponse=False#1351529
Lucas - POB Jan '09
January 26, 2009