Is Setting 2" Iron Pipe creating an encroachment

coupleofacres · Post by **coupleofacres** » Sat Jul 09, 2011 8:09 am

Are land surveyors protected from any liability that arises when setting a 2" iron pipe required by local agency that would necessitate removal of improvements (portion of concrete apron) of adjoiner? The local agency is adamant that the monument be placed at exact location, no off-sets, before a final parcel map is recorded.
There are no encroachmments at this time the apron adjoins the PL. Very difficult neighbor.
Thanks

Ric7308 · Post by **Ric7308** » Sat Jul 09, 2011 9:01 am

coupleofacres,

I would be happy to discuss this with your land surveyor and the local agency to see if I could assist with this situation. Please pass on my contact information to the land surveyor that you contracted with for this service.

Ric Moore (916) 263-2271 or Ric.moore@dca.ca.gov
Board for Professional Engineers, Land Surveyors and Geologists

bruce hall · Post by **bruce hall** » Sat Jul 09, 2011 9:55 am

a pretty good response Couple. I would take Ric's suggestion if it was me with this situation.

Ian Wilson · Post by **Ian Wilson** » Sat Jul 09, 2011 8:47 pm

And that is why we are grateful for Ric's understanding, experience and new position.

Jim Frame · Post by **Jim Frame** » Sat Jul 09, 2011 9:25 pm

By all means, explore the mediation approach offered by Ric. However, I would think that neatly drilling the concrete just enough oversize to fit the pipe, then filling around it with anchor cement, would meet the monumentation requirement without removing a significant amount of the testy neighbor's concrete. He would undoubtedly squawk, but I can't imagine any superior court entertaining a lawsuit for such a minor issue, and a small claims judge would probably rule against any claim of damage.

.

Lee Hixson · Post by **Lee Hixson** » Sun Jul 10, 2011 5:19 am

Two inches is excessive--at least in this situation. A 3/4" pipe is totally adequate. So is a nail and washer.

Gromatici · Post by **Gromatici** » Sun Jul 10, 2011 8:57 am

Those copper plugs that you can drill in with special bit that sinks them so they are flush with the surface work great for this scenario and are as permanent as the the concrete that are set in. If you set a 2" pipe in the concrete, it's just as likely to get knocked out if they demolish the driveway, unless you set a monument well. It seems like we shouldn't have to go to that extreme. Monument wells are great for street centerlines however.

surveysays · Post by **surveysays** » Mon Jul 11, 2011 9:23 am

I donâ€™t know what local agency you are dealing with. But in my many years of experience I have never seen any agency require the physical setting of a 2"x18" iron pipe through an existing concrete structure when a simple lead and tag will suffice as a durable monument. I would countersink the tag a tad bit, because when they are set flush they are more easily pulled off particularly in a driveway situation. But even if the tag gets lost, the lead will always be there as long as the concrete exists.

Ric7308 · Post by **Ric7308** » Wed Jul 13, 2011 5:34 am

Both suggestions by Jim and Lee would work fine. I traded emails with the land surveyor involved and he has a pretty good handle on the situation. It is more about the City not wanting witness monuments rather than what type of monument to set. It also appears that the neighbor (who owns the concrete driveway) is unhappy with the development next door which has caused issues throughout the project. We discussed the City ordinances, PLS Act, etc. and basically just offered whatever assistance I could in the situation.

I would expect that he is also considering suggestions that you all have offered as well.

Take care,
Ric

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Is Setting 2" Iron Pipe creating an encroachment

Is Setting 2" Iron Pipe creating an encroachment

That is

Copper Plug