Page 1 of 1

What's wrong here?

Posted: Sun Sep 08, 2013 7:41 pm
by LS 4722
Many licensed surveyors will never figure it out.

Posted: Mon Sep 09, 2013 9:38 am
by E_Page
Looks like he held a "No Ref" 2x2 and a "No Ref" IP with an RCE tag and called all the record mons off.

Is this parcel senior to what's around it or are the adjacent PMs senior?

How do the "No Ref" mons fit in?

By "No Ref", does he mean that he truly has no reference at all as to the origin of those 2 mons, or does he really mean that they don't appear on any filed map but that he may be aware of, or even have an unfiled map or field notes that indicate how and why they were set? (in the latter case, they wouldn't really be "no ref", but I've seen someone tell a judge that mons shown on a copy of an unfiled map -the reference -provided to him by the surveyor who prepared it were "no ref")

If there are aother problems detectable by performing the math, I didn't cogo it out so you'll have to give me a hint.

Posted: Mon Sep 09, 2013 11:09 am
by Dave Karoly, PLS
Yipee! Everything I found is "off."

All your base are belong to us HA HA HA!

Posted: Mon Sep 09, 2013 11:27 am
by btaylor
It appears his math is vastly superior to anyone's silly little monument. Looks perfect.

Posted: Mon Sep 09, 2013 4:23 pm
by land butcher
My msmts are better than yours. LOL Why are surveyors so ready to call another surveyor's work wrong. Try and find another profession that does that.

Posted: Mon Sep 09, 2013 5:57 pm
by dewardkb
http://landsurveyorsunited.com/profiles/blogs/chain-2 Lawyers, Doctors, Engineers.....to name a few.

Posted: Mon Sep 09, 2013 7:16 pm
by Dave Karoly, PLS
Maybe we should just get away from it all...
http://youtu.be/IkYy14kSOnw

Well, I like Karoly's answer

Posted: Tue Sep 10, 2013 9:31 am
by bruce hall
although the map should really have a North Arrow. And if the "record" isn't any good, why use it? (I guess now is the time for the "humor" font, "sarcasm" font. Better a font than the back.)

Posted: Tue Sep 10, 2013 9:50 am
by LS_8750
Looks like a Marin County survey.

Legally, there is only one corner contemplated (in each case). So why multiple monuments to represent that one corner?

Posted: Tue Sep 10, 2013 10:31 am
by Dave Karoly, PLS
Bruce-there is no expectation of perfection in legal contemplation. The description leads us to the vicinity of the corner.

Generally, but not always, physical monumentation should carry more weight than measurements which will vary.

Obviously there are cases where no monuments exist so the legal description math would be best evidence in those cases.

A lot of surveyors should be arrested for disturbing the peace.

Posted: Tue Sep 10, 2013 5:31 pm
by dmi
Monuments cannot interfere with a senior right. I have no idea if there are seniors rights involved here. But it does appear that someone has problems with the evaluation of evidence,. perhaps that someone is 2 or 3 surveyors...

Posted: Tue Sep 10, 2013 6:04 pm
by dewardkb
http://landsurveyorsunited.com/profiles ... and-survey Sometimes the record does not fit the evidence.....sometimes the evidence does not fit he record, that is no trick. The real trick is figuring out why.

Posted: Tue Sep 10, 2013 6:34 pm
by Double_Proportion
As retracing surveyors we are charged with protecting the public interest, I will presume the public has relied on these positions.

Posted: Wed Sep 11, 2013 7:43 pm
by Anthony Maffia
Maybe a rotation? Look for ips on adjacent lots. Or perhaps the LS that set the original pipes was different than shown on the map? I'm guessing geometry isn't the issue, so I won't cogo the lot.

Hints?

Posted: Fri Sep 13, 2013 3:28 pm
by land butcher
Lawyers, Doctors,.. to name a few
ROTFLMAO

Posted: Thu Sep 19, 2013 4:46 am
by dewardkb
http://landsurveyorsunited.com/profiles ... r-s-report Here is something that may interest some of you regarding this subject.

Posted: Thu Sep 19, 2013 7:12 am
by JeffroH
Without seeing the entire map as well as the other maps referenced and the legal description for Inst. No. 83-1358353, I cannot give a definitive answer...

But it appears that the area surveyed covers Lots 4 and 5 of Tract No. 29911, and the writer of the instrument used a metes and bounds description for the two lots using record data from Tract No. 29911 and a Point of Commencement someplace easterly of the Point of Beginning rather than using a lot description, and that the surveyor is showing the land as it is described in the recorded document since that it how it was conveyed to the owner ("Est. at Rec. Angles & Dists per Tr. No. 29911").

That obviously creates a whole new set of problems with the S.M.A., the County/City Planning Department, the County Surveyor, and all adjacent land owners, etc. since this is now a potentially a non-legal parcel.

Or not... yet one more skewed way to look at it.

Jeff

Posted: Thu Sep 19, 2013 9:33 am
by Dave Karoly, PLS
The descriptive part of the Title record is just that, an imperfect description.

The described boundaries are not necessarily controlling. If the boundaries are legally established on the ground then those control.

This is a big point of confusion which has been further confused by what we have erroneously been taught.

For example, when the Federal Government patented out a 40 acre aliquot with protracted boundaries, the boundaries were described (or protracted if you prefer) but not established physically. When the County Surveyor or Local Surveyor ran the protracted lines and the property owners accepted and used those lines then they become physically established and legally accurate although they aren't precisely the same as those on the Plat.

Title Records lead us to WHO holds the record title, physical evidence in conjunction with the descriptions in the Title Record leads us where the boundaries of the Title are located.

Where boundaries are is a matter of fact (us-PLSs), what boundaries are is a matter of Law.

Note: we are not talking about Adverse Possession which is a Title Doctrine which requires clear and convincing proof of each required element.

Questions of fact of the boundary location only requires a preponderance of evidence at most but as a practical matter we often have to use the best available evidence.

"Beginning at the southeast 1/16th corner of Section 20; thence from said point of beginning..."

What is the boundary (corner)? (question of Law), ---the southeast 1/16th corner.

Where is the boundary (corner)? (question of fact), ---the protracted location if the southeast 1/16th corner has not been set yet or if it has been set, accepted and established as the southeast 1/16th corner by the property owners then it is the location already monumented. Note: there is no title conflict because we are talking about boundary, not title.