What would you do? (Survey Help)

[Man of Chain]

Hi all,
I've got a survey where the occupation lines are different than previous surveys of the block exteriors And deed distances. I've never done a survey where I hold fences before. I have attached a couple exhibits: the first is holding the latest survey (1982). This creates encroachments that were existing before the survey. The second Is my attempt to hold fences, and center of road improvements. This creates significant differences between deed distances. Please observe and comment/question. I will do my best to answer any questions I can.




sorry I cant get these photo embedment to work. here are links to the images instead

https://ibb.co/9c2XxCB

https://ibb.co/tz00yxN

[LS_8750]

Cooley's "The Quasi Judicial Function of Surveyors" attached.
I've been meaning to somehow incorporate this language into my RS title block.

Admin Note: This post has been edited. The attachment to Appendix C of Evidence and Procedures for Boundary Location, Sixth Edition has been removed. Here is a direct link to the content: https://onlinelibrary.wiley.com/doi/pdf ... 50050.app3

[Ian Wilson]

CLAUSSEN-ROS-RESOLUTION-1-001.jpg

CLAUSSEN-ROS-RESOLUTION-2-001.jpg

[Man of Chain]

Thanks for the attachment, I'll give that a read. And thanks Ian for embedding the images.

[LS_8750]

Do more research.
Is Jacob's Alley public? When were improvements constructed?
When were structures built?

[Awhite40]

If you look at all of Caltrans maps. Try asking to look at the hard copy (can not copy, but look only, on how they put thing together) and in the in the legal in the back have ptr’s, sketches . Caltrans for the most part 99% of the time have great records and archives. I have hit areas with nothing but what you see is what you get. Even try construction drawing in the archives.

[Man of Chain]

there is a town map on file from 1898 showing Jacob's alley, the city acquired a strip of land adjacent to the alley on the southerly side 10' wide in 1942 I have this strip included in the width I am showing for the alley. I take this and the improvements as the city believing they have title to Jacobs alley. I have not looked for permits for structures but do know that the buildings on and around my subject lot were there in 1955 from ariel photography. Here is a link to the town map https://ibb.co/NY97tbF also it's attached for better quality. This brings up another question, what are town Maps? were they some kind of prerequisite for becoming a town? or maybe something that got done when there was enough money in the town treasury? They wouldn't supersede the existing deeds would they? I don't think one could treat these lots as a simultaneous conveyance because of this map. Cal-trans did not really survey their way through, they basically used the original notes from this town map survey in 1898.

[William Magee]

Cooley's "The Quasi Judicial Function of Surveyors" attached.

Question for CLSA officers and forum administrator(s):

What is the liability for copyright infringement?

[Warren Smith]

Mr. Magee - haven't heard from you for a while.

I see the copyright reference to Evidence & Procedures at the top of the PDF. Is that not sufficient?

[David Kendall]

Cooley's "The Quasi Judicial Function of Surveyors" attached.

Question for CLSA officers and forum administrator(s):

What is the liability for copyright infringement?

I believe that Mr Stoner has received verbal permission to share this document from Mr Cooley. That's the story I heard....

[Man of Chain]

Any knowledge on the role of Town Maps regarding simultaneous conveyances vs sequential? The farthest I have been able to trace the title chain yet is still in lot descriptions. I will try to go back further but could one assume that once a lot type legal description is adopted, the rules of simultaneous conveyances apply?

Thanks Magee, real contribution to the discourse... Welcome to the internet, everything's free.

[proud]

Can you say troll! Jp

[mpallamary]

https://www.copyright.gov/help/faq/faq-duration.html

[mpallamary]

Mr. Magee - everyone missed you. You're timing is perfect.
https://www.youtube.com/watch?v=tWFaP1tkGgM

[mpallamary]

I added one of my articles for the benefit of all those anonymous pseudo-intellectual copyright critics out there.

Happy Holidays!

[William Magee]

Mr. Magee - haven't heard from you for a while.

I see the copyright reference to Evidence & Procedures at the top of the PDF. Is that not sufficient?

As incoming president I had hope you had an understanding of the liability exposure behind this forum’s discussion rule #2. Hopefully you won’t wait for John Wiley and Sons, Inc. to provide you that education.

[CBarrett]

Cooley's "The Quasi Judicial Function of Surveyors" attached.

Question for CLSA officers and forum administrator(s):

What is the liability for copyright infringement?

That's up to the publisher to decide, and whomever else may hold the rights. Usually a cease and desist notice first.

Here you go... legal version:

https://onlinelibrary.wiley.com/doi/pdf ... 0functions.

Everyone a happy camper now?

[William Magee]

Here you go... legal version:

https://onlinelibrary.wiley.com/ ….

Very good, presuming of course that you fully read, understood AND complied with Wileyonline terms of use. There are some ‘kickers’ buried in there.

[CBarrett]

Here you go... legal version:

https://onlinelibrary.wiley.com/ ….

Very good, presuming of course that you fully read, understood AND complied with Wileyonline terms of use. There are some ‘kickers’ buried in there.

Is there something specific you are referring to?
Usually due to the nature of my second business I am pretty current on copyright laws, but I could have missed something. Do tell?

[Jim Frame]

The Sanborn fire insurance maps are useful as well in establishing where things were in the past. While not authoritative for boundary establishment, they can provide insight into the facts on the ground at particular times, which can inform a boundary decision.

[William Magee]

Is there something specific you are referring to?
Usually due to the nature of my second business I am pretty current on copyright laws, but I could have missed something. Do tell?

This particular portion of the book, while free to access via Wiley’s Onlinelibrary, requires specific permission to distribute electronically. And there are restrictions as to how it is distributed and the type of media it is distributed through. And for permission to distribute through approved platforms, there is a fee charged which is based on things such as specific number of recipients, (which must be password controlled).
This is clearly spelled out in the Terms of Use, and is also evidenced by clicking on the article’s permissions link instead of clicking directly on the pdf link.
There is a line between viewing copyright material permissively, free of charge, and distributing the direct link to that same copyrighted material without first obtaining permission, in the manner specifically dictated.
In review, would you be considered to have crossed that line?

[CBarrett]

I'll have to check their terms to see it for myself, and what constitutes permission.

Typically websites of this magnitude which are restrictive of link redistribution and consider it copyright infringement put a simple mechanism of rejecting access to material from non-approved referral pages.

This is often done with images, to prevent someone being able to build traffic to a different gallery, using an image hosted on your own site. Some of my own work is protected this way, because digital content is frequently subject to copyright abuse (I've sent DMCA notices before for a variety of reasons.)

Are you an attorney?

Edit, I read terms of use, and I am not seeing a portion which restricts third party links. Can you point me to the the specific text which governs links?

[mpallamary]

Clearly, attempts like this to discourage and intimidate people from writing and publishing material is counter productive to the advancement of the profession. Why someone would do that is beyond me. It must be a distorted side effect of the Coronavirus. As with other medical conditions, one should seek immediate help.

[mpallamary]

As an aside I have written or co-written nearly half a dozen books not to mention many, many articles. The notion that CLSA could be held liable for something I write is absurd. Last year when I recompiled my story "Seth Slocum, Railroad Surveyor a Tale of the Great Northern Pacific Road Building." It was more than 100 years old and the copyright expired. See: https://www.amazon.com/Railroad-Surveyo ... 1728361214

I can tell you it is a risky business though. This evening my grandkids and I sang holiday songs and passed out sheet music but not before checking with my lawyer and he assured me we were on solid ground.

[mpallamary]

I called the FBI on these folks:

https://nerej.com/the-role-of-the-land- ... icing%20it.

https://onlinelibrary.wiley.com/doi/pdf ... 50050.app3

https://surveyorconnect.com/community/s ... -m-cooley/

https://cdn.ymaws.com/www.nysapls.org/r ... e_NY_2.pdf

https://cdn.ymaws.com/www.njspls.org/re ... 160203.pdf

https://lucasandcompany.com/product/coo ... ey-series/

https://cdn.ymaws.com/www.marylandsurve ... _Teter.pdf

https://cdn.ymaws.com/www.mnsurveyor.co ... _Stahl.pdf