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The sad conclusion that, to the general public, boundary monuments aren’t worth much is based on my 55 years of surveying and mapping experience, coupled with 26 overlapping years of selling real estate.
Proper analysis of property title disputes should include consideration of all relevant actions of the parties in light of the appropriate legal principles.
I’m not exactly sure where the phrase “unwritten rights” came from or who came up with the idea of unwritten conveyances in relation to surveying, boundaries and deeds, but it seems that it caught on quickly and then became a universal idea in the land surveying profession.
Yesterday, I was following up on a survey where the field person was having trouble finding monuments. While looking for points and walking in other yards for the adjoining properties, it struck me to share some of my thoughts on fences and animals.
As I listened to the discussion of government competition at the MAPPS winter conference, I couldn’t help pointing out one of the issues land surveyors face — rights of access.
One of the most common — and erroneous — arguments contributing to the proliferation of purported corner markers representing a single corner is the idea that modern subdivision regulations and field procedures somehow supersede the more traditional legal principles relating to boundary retracement.
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