Sundays job

[LS 4722]

This one is interesting. I will be the third surveyor to run this one line out.

Bit of history:

Tract recorded in July, 1901. Street improvements placed in 1927. Street monuments placed in 1929. Re survey by the city in 1977. The 29 and 77 survey agree with record values within hundredths.

My clients parcel has an old home on it that is used for storage now for a nursery that my client owns. The home has a build/addition build date of 1906/1918. It's a single level wood structure with an eave overhang.

A few months ago someone buys up the three deed cut parcels on the south and has a survey done. This survey first marks a line that is along the eave line produced but then the surveyor says to my client "We made a calculation error" and move their point towards my clients building. Now the eave is over line and the developer wants it to be cut back.

This "error" that the first surveyor made causes my client to doubt his work and so she hires her own surveyor.

The second surveyor says the first surveyor is right and does not want to complete the job, so he only charges my client part of the fee. I guess he bolted because this thing is going to court.

There is some very minor gap/overlap in the block. I am not sure which since I didn't do a chain of title search for junior/senior rights, but according to the 1929 and 1977 city surveys I don't think I will because the 29 survey shows the block 0.03' short of record and the 77 survey shows it 0.02' long of record.

So now it all comes down to preparing an exhibit and filing an RS on the property. I am going to be showing two lines. A 2014 survey line as a reference line only and a line of aerial possession for the eave line with a note stating that the survey line does not supersede the rights of the parties that have been in possession since 1975 (that is when they acquired title to the parcel). Hopefully, I will be able to help my client and maybe this ridiculous developer on the south will just let the aerial overlap situation of the very old eave line die.

Snapshot below

[Ric7308]

Did the first surveyor file an RS Paul?

[LS 4722]

No. He also did not tag his monuments. He just set nails in leads.

[bruce hall]

that doesn't seem right. The fella shoulda tagged his stuff or not set anything at all.

[LS 4722]

I find these type of monuments a lot in my area. Some are set by unlicensed individuals, others are set by licensed people who think that
they can hide by not tagging the points. Paper trails are always left, well
most of the time, and finding out who is violating the LS act would be pretty
easy for an investigator.

I would think that if the parcel is being developed that a paper trail would always be easy to discover, a visit to the city and a request to see the address jacket of the development under construction is all it takes.

There are situations though where a land owner would agree to not being given any paperwork on the survey, but I would hazard a guess that those people could be charged with conspiracy to violate state law. This could also apply to a developer if they agreed to a survey that does not include tagged
monuments, but in both cases they could just claim ignorance to Section 8772

Edit : Formatting is messed up..no idea why

[LS 4722]

Attached PDF

[Ric7308]

No. He also did not tag his monuments. He just set nails in leads.

Well, if you, your client, or the neighbor want to provide me with the address and name of the surveyor that performed the first survey, I would welcome it.

[LS 4722]

Well, if you, your client, or the neighbor want to provide me with the address and name of the surveyor that performed the first survey, I would welcome it.

My clients brother is very interested in speaking with you Ric.. stay tuned