California Surveyors Forums

Warren Smith wrote:Mr. Magee,

Very salient points.

What was lacking here was agreement between adjacent owners as to the re-set monuments. Had there been, it still would have been necessary to memorialize the agreement, and that would have been best served under the seal and authority of a licensed land surveyor.

But there was a written agreement so to speak, under the seal and authority of a licensed land surveyor. The quit claim recorded by the junior right holder for the puposes of removing the appearnce of cloud of title provides proof both parties agreed to the boundary of the senior right and with that removed the element of uncertainty.

[quote]But there was a written agreement so to speak, under the seal and authority of a licensed land surveyor. The quit claim recorded by the junior right holder for the puposes of removing the appearnce of cloud of title provides proof both parties agreed to the boundary of the senior right and with that removed the element of uncertainty.[quote]

Indeed - this wasn't apparent at first blush.

There is obviously a gross misunderstanding of what a survey does and can or cannot do. This has happened to me before. In this case, I prepared a legal description of certain areas as requested by two attorneys. That is what surveyors do.

The attorneys then used these descriptions to prepare an agreement - I did not do that.

I did not prepare the agreement. That is the distinction and should be clarified if anyone is interested.

The attorneys prepared the agreement under their role in this matter.

Over the years, I have prepared plats and legals and I put a big note on them PRELIMINARY - NOT FOR RECORDING. How many times do you think that document gets recorded????????

Reread the attorney prepared document. It is an attorney agreement.

The problem arose when the owner started setting his own monuments and then calling the city out to demonstrate setback compliance. That is what is known as fraud.

If anyone wants more information, send me a message.

Returning to the initial post. I wanted to share with others the kinds of things that happen in an administrative law judge ruling. I have been involved with quite a few of these.

Again, the point is there are lessons to be learned here. This matter is still in litigation, looking for a resolution.

Michael,

I didn't mean to step on your toes. I can see where a description - provided as an exhibit - could be used in an unintended fashion.

No toes stepped on my friend! All is good. It is amazing the things that go on in this type of surveying.

As I said, we are still in litigation and I am not certain how we are going to resolve it.

And again, also it is the proceedings against White that I think are enlightening.

What LS number did he use.....007?