Practice Inquiry

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TTaylor
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Re: Practice Inquiry

Postby TTaylor » Tue Jun 15, 2021 9:59 am

Mike we appear to be in agreement.

A structure (most?) is a more stable and durable reference than nails, stakes, pipes, or other standard survey marks.

It appears to me that most people, particularly lay people, when looking at the original map referenced above would rely on those measurements to the structure for boundary or right of way purposes.

My 2¢

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mpallamary
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Joined: Tue Mar 11, 2008 2:12 pm

Re: Practice Inquiry

Postby mpallamary » Tue Jun 15, 2021 10:41 am

Indeed! In Massachusetts, they have what is called the Land Court System. Because of wild weather conditions in Boston and all urban areas, they do not set or use block corner monuments. Instead, the line of buildings is set with offset lines to the ROW line. In order to reestablish the ROW/Property line, you have to strike up the offset line. The notes were very detailed and would state, as an example, "measurement third brick up," etc. Because of the age of the buildings, and the fact that due to extraordinary weather conditions, the sidewalks are frequently replaced or torn up. The 200 to 300 year old buildings are the best urban monuments there are. Ties like this are akin to a Record of Survey Map as they are the legally declared monuments in the Land Court.

https://historyofmassachusetts.org/olde ... gs-boston/

It was a very efficient way to establish control. Per the court"
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2.3.2. PRIOR DECREED MONUMENTS. The surveyor must search for and locate all fences, walls, monuments, offsets to structures and other monuments recognized by the Court on prior plans as determining boundary line locations.

3.2.5. MONUMENTS DO NOT FIT RECORD MATH When a discrepancy exists between the record math and record monuments, a worksheet should be prepared showing the relationship of the monuments to the record location (Usually the monuments are shown offset perpendicularly from the property lines.). In determining whether to hold record monuments, the Court needs to review all pertinent data and its effect on abutting land. After consultation with the Survey and Legal Divisions, a judge decides what additional steps, if any, must be taken prior to the preparation of the final plan.
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It is a wonderful system and one I always felt was well-suited to California.
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ahanks
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Re: Practice Inquiry

Postby ahanks » Tue Jun 15, 2021 5:39 pm

All,
I have done a bit of searching but have not located a thread with these points. So 8762(b)(4)(5) states "the location...or lines not shown" & "lines set". I do appreciate that the distinction of dimensions being shown on a topo and how that allows one to measure to the property line. With that in mind, if a topo of a deed only lot shows most of the typical topo elements, with the boundary and is not tied into any monument trigger 8762? The only dimensions are the boundary.

Thank you ahead of time!

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mpallamary
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Re: Practice Inquiry

Postby mpallamary » Wed Jun 16, 2021 6:22 am

Please see the attached and let me know if it provides any clarity.
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ahanks
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Re: Practice Inquiry

Postby ahanks » Wed Jun 16, 2021 8:00 am

Finally able to download it. Thank you so very much.

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mpallamary
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Re: Practice Inquiry

Postby mpallamary » Wed Jun 16, 2021 9:07 am

Good luck!


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