Lot Line Adjustment

William Magee
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Re: Lot Line Adjustment

Postby William Magee » Thu May 16, 2019 9:29 am

E_Page wrote:

A basic rule of interpreting documents is that you need to read it in a way that reconciles all parts which address the same subject, and not ignore the portions you find inconvenient.
.


And that is exactly my point regarding your incomplete reciting of the 4th paragraph of the 3rd bulleted section and how the full and complete reading of such actually does not declare accuracy of feature location as a determining factor.

I recommend anyone curious on this subject to ready the 4th and 5th paragraphs of the 3rd bulleted item carefully and fully and, as Mr. Page states, along with the entire letter contents.

They reconcile well, in my humble opinion.
Don't shoot the messenger.

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D Barberio
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Re: Lot Line Adjustment

Postby D Barberio » Fri Aug 23, 2019 9:57 am

Surveyor conducts a 2009 field survey for a lot line adjustment, establishing an adjusted line parallel, and 2 feet perpendicular to a monumented sideline of a lot in a 1997 subdivision. No Record of Survey (ROS) was filed.

I’ve been in the camp that believes a ROS should’ve been filed, per 8762(b)(5), and a call to Surveyor A would be warranted, rather than the responsibility of a ROS “punted” to my client.

Yet, this time through the 8762 thought process…..

8762(b)(4) The location, relocation, establishment, reestablishment, or retracement of one or more points or lines not shown on any subdivision map, official map, or record of survey, the positions of which are not ascertainable from an inspection of the subdivision map, official map, or record of survey.

What would be an example of a line not shown on any subdivision map, official map, or record of survey, that is yet ascertainable from an inspection of that map?

It seems to me a line, parallel, and 2 feet perpendicular to a monumented sideline of a lot in a 1997 subdivision could be an example.

But of course…

8762(b) (5) The points or lines set during the performance of a field survey of any parcel described in any deed or other instrument of title recorded in the county recorder’s office are not shown on any subdivision map, official map, or record of survey.

This seems to clearly indicate a ROS should have been filed. But (4) and (5) either contradict each other, or an ascertainable line means something other than a easily ascertainable deed-described line, or (5) trumps (4) in all LLA's requiring a field survey, or ..........

Evan Page wrote:

IMO, if you are performing a field survey for the purpose of defining the new location of an existing property line, the survey should be in conformance with the practice of land surveying. That would make it subject to 8762(b)(4) in all cases except where the line is being moved to a location adequately identified on a previous record map


Same question...What is/are the case(s) where the line is being moved to a location adequately identified on a previous record map? And is not a deed-described line.......

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LA Stevens
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Re: Lot Line Adjustment

Postby LA Stevens » Fri Aug 23, 2019 11:54 am

Maybe an easement line shown on a prior map that becomes a boundary line.

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marchenko
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Re: Lot Line Adjustment

Postby marchenko » Fri Aug 23, 2019 12:19 pm

The reasonable definition of discloses is that the thing exists at the time you are required to disclose it.

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D Barberio
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Re: Lot Line Adjustment

Postby D Barberio » Fri Aug 23, 2019 12:29 pm

Larry Stevens wrote:

Maybe an easement line shown on a prior map that becomes a boundary line.


That's exactly the only scenario I have come up with thus far in my mind also.


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