What controls?
The corners set or the legal description that created and describes the easement. I’m in the process of staking about 3,000′ of a Public Use Easement for a section of road through a parcel for placement of a cable. The legal call for the Point of Beginning as a section corner and the alignment is oriented to the section line. I’ve recovered both the section corner and quarter corner that control the legal. They check well. After computing the legal description and orienting it to my survey’s bearings for the section line, it misses an old original subdivision corner at the far end of the description by 0.07′. The outfit that prepared the legal also set rebar with self identifying plastic caps at all the PC and PT points along the route I’m staking. They are all off by +/- 1.5′ in roughly the same orientation as the section line.
Which would you hold? Their legal description or the corners they set. Which would be more defendable? I already know which option would be more convenient.
As a footnote, the outfit that did the work has a less than stellar reputation in my book for occasionally doing shoddy work. I suppose I should count my blessings it’s only a foot and a half.
Log in to reply.