Presentations You Don't Want To Miss
Posted: Mon Jan 13, 2020 10:55 am
Many of you will remember a few months back, there was a thread about how to deal with an apparent excess in a lot which had been divided by "of" descriptions (Record 150' wide lot divided into 1. E 50' of W 100', 2. W 50', and 3. E 50'). Inevitably, the discussion turned to whether or not the excess resulted in a gap and whether the surveyor should identify a gap or determine and apply an appropriate manner of apportionment.
That prompted me to create a presentation which was given to a CLSA chapter in October. Afterward, one of the chapter members suggested that Dave Woolley and I give a presentation together of differing or contrary views on the matter. I thought it was a great idea, contacted Dave the next day and he enthusiastically agreed.
So here it comes...
On January 24th at the Annual Fresno Geomatics Conference, Dave and I will be giving back to back presentations on the subject, followed by a Q & A session/panel discussion/debate (we'll see how it turns out).
Personally, I'm really looking forward to it. However, I think that after I've given my portion, Dave is going to be so impressed with my unassailable logic that instead of giving the presentation he has prepared, he's going to just say "Gosh, Evan's right." ;-)
As Dave said to me "This is a complicated topic that would be a lot easier if you would just agree with me". A sentiment that goes both ways.
Obviously, this is a topic about which reasonable and knowledgeable surveyors can and do have differing views and are often very set in their views.
Here is what Dave and I submitted to the Conference Chair as descriptions:
Identification and Treatment of Gaps
When performing a survey, you find that there is more land than the conveyances appear to account for. Have you uncovered a question of boundary location only, or one of uncertain title? In other words, have you found a gap? If so, how do you report it and how do you help the landowners eliminate it?
Dave Woolley and Evan Page present opposing views to this topic followed by a joint discussion with question and answer period.
You Say You Found a Gap? Are You Sure?
Evan Page
The topic of “gaps” between conveyed parcels is one that occasionally comes up at chapter meetings, over drinks at “the conference after the conference” get togethers, and at the office between surveyors discussing a current project. It is a topic that comes up fairly often on the surveyors’ internet forums.
While there are circumstances by which actual gaps, or lands left unconveyed seemingly without intention to do so do occur, most gaps found by surveyors are actually cases where the surveyor has misidentified a boundary location problem as a title problem.
Mr. Page addresses how to tell the difference, and because of they way most of us have been taught, why a simple excess found only by recent measurement is not a gap. To borrow a phrase from Mr. Wooley, “the surveyor has no authority to open a gap” when the title record makes no room for it.
You find a gap in title, now what?
David Woolley
Two conveyances five years apart, the east 50.00’ and the west 50.00’ of an underlying map showing a monumented lot 100.00’ square, the surveyor measures 100.50’ between original monuments on the east-west lines, now what? Same scenario, except one lot is vacant and the second lot is built out with improvements, same solution? Same scenario, the original owner of the 100.00’ lives next door, same solution?
This will be fun. Hope to see you in the audience.
That prompted me to create a presentation which was given to a CLSA chapter in October. Afterward, one of the chapter members suggested that Dave Woolley and I give a presentation together of differing or contrary views on the matter. I thought it was a great idea, contacted Dave the next day and he enthusiastically agreed.
So here it comes...
On January 24th at the Annual Fresno Geomatics Conference, Dave and I will be giving back to back presentations on the subject, followed by a Q & A session/panel discussion/debate (we'll see how it turns out).
Personally, I'm really looking forward to it. However, I think that after I've given my portion, Dave is going to be so impressed with my unassailable logic that instead of giving the presentation he has prepared, he's going to just say "Gosh, Evan's right." ;-)
As Dave said to me "This is a complicated topic that would be a lot easier if you would just agree with me". A sentiment that goes both ways.
Obviously, this is a topic about which reasonable and knowledgeable surveyors can and do have differing views and are often very set in their views.
Here is what Dave and I submitted to the Conference Chair as descriptions:
Identification and Treatment of Gaps
When performing a survey, you find that there is more land than the conveyances appear to account for. Have you uncovered a question of boundary location only, or one of uncertain title? In other words, have you found a gap? If so, how do you report it and how do you help the landowners eliminate it?
Dave Woolley and Evan Page present opposing views to this topic followed by a joint discussion with question and answer period.
You Say You Found a Gap? Are You Sure?
Evan Page
The topic of “gaps” between conveyed parcels is one that occasionally comes up at chapter meetings, over drinks at “the conference after the conference” get togethers, and at the office between surveyors discussing a current project. It is a topic that comes up fairly often on the surveyors’ internet forums.
While there are circumstances by which actual gaps, or lands left unconveyed seemingly without intention to do so do occur, most gaps found by surveyors are actually cases where the surveyor has misidentified a boundary location problem as a title problem.
Mr. Page addresses how to tell the difference, and because of they way most of us have been taught, why a simple excess found only by recent measurement is not a gap. To borrow a phrase from Mr. Wooley, “the surveyor has no authority to open a gap” when the title record makes no room for it.
You find a gap in title, now what?
David Woolley
Two conveyances five years apart, the east 50.00’ and the west 50.00’ of an underlying map showing a monumented lot 100.00’ square, the surveyor measures 100.50’ between original monuments on the east-west lines, now what? Same scenario, except one lot is vacant and the second lot is built out with improvements, same solution? Same scenario, the original owner of the 100.00’ lives next door, same solution?
This will be fun. Hope to see you in the audience.