Share:
Notifications
Clear all

Survey Textbook Author Pile-On

Page 2 / 3

James Vianna
Posts: 498
Member
(@james-vianna)
200+ posts
Joined: 11 years ago

Rights of possession should not be in the hierarchy of calls. The conditions for such is for a court to determine. A survey should show them and their relationship to the title lines but it should never factor into a surveyors decision unless a court has previously said so.

Reply
4 Replies
aliquot
Member
(@aliquot)
Joined: 10 years ago

1,000+ posts
Posts: 1837

@james-vianna

Never factor into a surveyor's decision? Are you suggesting  we ignore it?

Reply
FairbanksLS
Member
(@fairbanksls)
Joined: 12 months ago

200+ posts
Posts: 242

@james-vianna

2500' long stone wall that is within 4' of the straight line the deed calls for.  When subdivided I'm not going to be the surveyor who sets the new lot corner 4 feet off that 100 yr. old plus stone wall.  That was pretty good work for a few hundred years ago.  Deeds lines don't  leave footsteps!

Reply
JPH
 JPH
Member
(@jph)
Joined: 9 years ago

1,000+ posts
Posts: 1646

@fairbanksls

Unfortunately, that is a more common occurrence than one might think

Reply
MightyMoe
Member
(@mightymoe)
Joined: 11 years ago

5,000+ posts
Posts: 7741

@james-vianna 

I consider keeping clients out of court to be a part of my job. 

Reply
aliquot
Posts: 1837
Member
(@aliquot)
1,000+ posts
Joined: 10 years ago

The old editions over simplified things and left a lot out, but I haven't looked at any edition in many years, so I don't know if the extra words helped or hurt. 

Reply
aliquot
Posts: 1837
Member
(@aliquot)
1,000+ posts
Joined: 10 years ago

The old editions over simplified things and left a lot out, but I haven't looked at any edition in many years, so I don't know if the extra words helped or hurt. 

Reply

Mike Marks
Posts: 977
Member
(@mike-marks)
500+ posts
Joined: 11 years ago

I consider Wattles and Brown definitive  and have adhered to their judgements for a fifty year career without repercussions.  Although I've several Madson's books that promulgate occupation, not monumentation holds.  It seems our job is to  determine the record, and if occupation is wildly inaccurate offer a survey resolution amenable to both parties since they've been in repose for 50 years.  If not then on to the court where we meekly provide records  of found monuments and the court deicides.  Liability is low.

Reply
Paul in PA
Posts: 6100
Member
(@paul-in-pa)
5,000+ posts
Joined: 11 years ago

Being listed as an author gives credence to their right to charge a higher fee for their educational guidance. Sometimes things are changed not because the facts or law have changed but simply by the fact that a change, even unnecessary, gives a copyright opportunity.

Paul in PA

Reply
Page 2 / 3
Share: