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Who should seal an EMRA?

Posted: Sat Feb 11, 2017 7:33 am
by Paul Goebel
I see many Encroachment Maintenance and Removal Agreements (EMRA) that contain record legal descriptions of the subject property, and a plat depicting easements, property lines, and other features. Most of the exhibits don't show detailed dimensions to the property lines.
Many EMRAs are sealed by the Engineer who prepared the plans associated with the encroachment.

Is this a common practice in your area? It looks to me like the preparation of EMRA exhibits falls within the responsibility of a Land Surveyor as defined by Section 8726 of the Land Surveyor's Act.

Re: Who should seal an EMRA?

Posted: Sat Feb 11, 2017 10:58 am
by mpallamary
Clearly, the preparation of an EMRA requires the services of a licensed land surveyor. I have been pursuing a resolution to this question for several years. I have learned that the biggest opponents and the biggest problems lay with the larger firms who simply place their company names on these important documents. As a general rule, they do not want anyone to sign anything. What makes these hard to enforce is companies are not licensed - people are. With the recent State Board opinion, this question has been put to rest.

See the attached.

Re: Who should seal an EMRA?

Posted: Mon Feb 13, 2017 11:30 am
by DWoolley
Especially like the ah, yeah, sorry it took BPELSG 9 years, 1 month and 27 days to reply to the inquiry.

In comparison, it took 4 years, 4 months and 23 days to build the Golden Gate Bridge or 6 years, 9 months and 24 days to build the tunnel between England and France.

If you're over 60 years old and have a contemporary question for BPELSG it appears it is best practice to have a designee, a professional heir, to keep the light on and check the mail for a mediocre answer. We could have some fun by making a game of response time, naming it, say, Race the Reaper?

The silver lining is the questions submitted by the OC JPPC, concerning records of survey for road alignments, around the same year may one day be answered.

DWoolley

Re: Who should seal an EMRA?

Posted: Mon Feb 13, 2017 1:28 pm
by LA Stevens
DWoolley,

Has the OC JPPC followed up with BPELSG? I think MP has followed up with BPELSG numerous times.

Re: Who should seal an EMRA?

Posted: Mon Feb 13, 2017 2:53 pm
by mpallamary
I, in fact, followed up over the years many, many times with calls, emails, more letters and face to face inquiries. For what it is worth, there are more out there, unanswered. As time permits, while I try to make a living, I will follow up on those. They are all, as equally important, of course.

Re: Who should seal an EMRA?

Posted: Tue Feb 21, 2017 5:14 pm
by land butcher
So we pay money to BPELSG because?