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Hewlett Packard developed the modern electronic survey equipment. They wanted to check it for accuracy, so they went to the Colorado State Survey Test Site. They tested the equipment against the spots used for testing surveyors, and their measurements did not match what the state had them set at. They went back to Loveland Co, and checked the equipment and went back down and got the same measurements they got the first time. They paid to have it surveyed by a top surveyor who came up with the same as with the HP equipment. They had been right both times, and to pass the test for decades you had to be wrong to pass. Some that had failed their tests and refused their license, were suddenly surveyors. And some other had to be re-tested.
A tremendous number of surveys done the old way say 1970 and before, are not accurate now they have equipment that is accurate.
A lot of old legal descriptions are not worth much, when the surveyors go in and use modern equipment. New legal descriptions often had to be written. I spent from 1972 till I finally retired, as a specialist real estate broker, specializing in working with investors, and real estate exchanges (often with several properties and several states and even some out of the U.S. involved as one of the legs of the exchange. I have seen problems like yours quite often.
What you need to do, is to get the property lines marked as you have. Then make sure your neighbors are in agreement as you don't want them to later say your survey is wrong. Get those problems solved now. Then have the surveyor write a replacement legal description, which is filed with the county.
The reason I know about the HP problem, is some of the guys that developed it were my clients and told me about it,. while it was all going on.
The distances will give an indication as to intent, but when conflicting with the controlling calls to adjoiners, you're going to hold the adjoiners.
What do you mean by this exactly?
Quote:
What you need to do, is to get the property lines marked as you have. Then make sure your neighbors are in agreement as you don't want them to later say your survey is wrong
Luckily there are only two neighbors. One on the east side and we are separated by a ditch and they see he survey stakes and hold no issue, even said they were happy someone is finally occupying the land and tending to it. The other "neighbor" is a farmer's rice field and he already has his levy for his field stopping right at the old fence enclosing my propert.
I'm probably going to get a second surveyor to go out and check the previous surveyor's work, but make clear of the situation first and explain to him of the abandoned railroad.
Last edited by QuantumChaos; 04-18-2016 at 12:37 PM..
What that means is if you have a distance on a legal description, it is considered to be of less importance than the reference to the property owners to each side.
If I have a line described that states, "North 150 feet to the lands of Bernard", and it turns out Bernard's property is 195 feet away instead of 150, then the line extends to the lands of Bernard and ignores the distance.
What that means is if you have a distance on a legal description, it is considered to be of less importance than the reference to the property owners to each side.
If I have a line described that states, "North 150 feet to the lands of Bernard", and it turns out Bernard's property is 195 feet away instead of 150, then the line extends to the lands of Bernard and ignores the distance.
I see. So likely it IS the old railroad that was abandoned causing the issue. Here is the description of my land from a tax bill, and as you can see it mentions "railroad" which hasn't existed since before the 60s. Imgur: The most awesome images on the Internet
Maybe as mentioned, the legal's measurements doesn't take into account the piece of land the railroad no longer goes through? I also find it odd that a lot is only 50 feet wide.
I see. So likely it IS the old railroad that was abandoned causing the issue. Here is the description of my land from a tax bill, and as you can see it mentions "railroad" which hasn't existed since before the 60s. Imgur: The most awesome images on the Internet
Maybe as mentioned, the legal's measurements doesn't take into account the piece of land the railroad no longer goes through? I also find it odd that a lot is only 50 feet wide.
It seems likely that's the case here, though I'd have to spend a bit more time going over documents to be sure.
Lots can be all sorts of crazy widths; around here, it wasn't uncommon to have 25 foot lots. It was assumed that you'd buy as many as you needed to build your house on, and in the early part of the century, there wasn't a problem when purchasing 6 lots and building a house over lot lines.
Went to the court house to do some research and happened to run into a surveyor, he glanced over the papers I had and said "You have your plat right there, a plat map always trumps a legal; always."
Have you looked at the records at the courthouse, to make sure what they have recorded for your property. Your plat should be recorded for the correct description.
Have you looked at the records at the courthouse, to make sure what they have recorded for your property. Your plat should be recorded for the correct description.
There is nothing on it. The last survey that was done was in '72, it was done by the same surveyor who surveyed it for me last year and he can't find the survey from '72.
There is nothing on it. The last survey that was done was in '72, it was done by the same surveyor who surveyed it for me last year and he can't find the survey from '72.
If it was platted, the plat should have been recorded. That might give you a better legal description.
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