Re: OT....Property Corner Markers.......

Posted by John T Country Lawyer on October 28, 2009 at 12:37:35 from (66.244.97.31):

In Reply to: Re: OT....Property Corner Markers....... posted by JML755 on October 28, 2009 at 11:06:44:

Yep, what a surveyor sets is his opinion of say a corner based on a legal description such as a deed. And its only as good as and based upon what his starting point which is often a known Section Corner in rural areas........That being said, if a County Surveyor acting pursuant to statute sets or re establishes and records and memorializes and documents certain Section Corners, they become MORE THEN JUST AN OPINION they become more like A TRUE LEGALLY RECOGNIZED POSITION (at least a reference starting point) ON EARTH i.e. similar to a LEGAL location a Court might set.. Also in a recorded subdivision in the town there are well fixed and established baseline monuments, if they are used as reference starting points the lot lines should come out the same if any 2 surveyors who are competent did the survey

So you start to see how complicated this can all get and why I advised the poster to consult attorneys and surveyors BEFORE just calling a surveyor out to drive some stakes or relying too much on what he reads here.....

However your point is well taken, sure a surveyor is competent and the law consider him an expert and where he sets a stake its probably in accordance with where a deed says it is and thats all fine and good BUTTTTTTTT in cases of disputes theres more to it then meets the eyes of a non surveyor or an attorney who are probably more familiar with survey and boundary law then feuding grouchy neighbors......

Also the original land survey was conducted way back in the 1800"s when they used chains and didnt have satellites or EDM but it was the best they had at the time so its no surprise the distances such as mile square sections dont figure out that way when measured with todays equipment, plus due to the curvature of the earth every so many sections thay had to make corrections

I have worked as a surveyors assistant and have surveyor friends and they are fine folks and am just trying to help here by letting folks know how the law looks at and resolves boundary disputes and just becasue you hire a surveyor to come out and set stakes THAT DONT NECESSARILY MEAN THAT THE TRUE LEGAL BOUNDARY especially where its in dispute, the Court can set it and it may well be the same as the survey!!!!!!!

Hope this helps, thanks yall n God Bless

John T Country Lawyer

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