On Sat, 20 Aug 2005 00:31:09 -0700, "PrecisionMachinisT"
wrote:
"Ulysses" wrote in message
...
"PrecisionMachinisT" wrote in message
...
In the process of my neighbor's development and sale of some property
adjacent to ours, a new water main was installed, and now appears one of
our
corner survey stakes is gone due to excavation, trenching etc...
Actually he's a pretty good guy, and a new road was put in at
considerable
expense just so I would no longer have to share my driveway...given that
an
abandoned easment has gotta be worth something.......and even though I
did
pay him a sizable portion of money to help share the cost of the new
driveway...
Any suggestions on what might be the best way to handle this before I
even
get in contact with him about the need for having said survey stake
replaced
???
TIA
--
SVL
My corner stakes are a PVC pipe but there are also steel or bronze pipes
buried in the ground next to them. I don't think anyone is allowed to
remove the buried markers, at least not where I live (Riverside County
CA).
If you poke around a little or have a metal detector maybe they are still
there.
THx
Nope, I was there while he was in the middle of his digging, he struck the
electric utility primary, it shut down our machine shop for several
hours.......
In Arizona here's what our law says about that:
40-360.22. Excavations; determining location of underground
facilities; providing information; excavator marking; on-site
representative; validity period of markings; liability for misuse of
locate requests; detectible underground locating devices; civil
penalty
A. A person shall not make or begin any excavation in any public
street, alley, right-of-way dedicated to the public use or utility
easement, in any express or implied private property utility easement,
without first determining whether underground facilities will be
encountered, and if so where they are located from each and every
underground facilities operator and taking measures for control of the
facilities in a careful and prudent manner.
I saw all the mess, and I watched the utility company splice the wire......I
also saw the old rebar stake with its little yellow cap sticking out of the
dirt pile.
Its ****ing gone.
In Arizona here's what our law says:
D. A person who knowingly or by gross negligence destroys,
disfigures, removes or disturbs monuments described in subsection C or
other permanent monuments set by the land surveyor which have the land
surveyor's or public agency's cap or tag affixed to the monument is
guilty of a class 2 misdemeanor.
E. A person acting independently or a person in responsible charge of
another person who destroys, disfigures or disturbs monuments
described in subsection C or other permanent monuments set by the land
surveyor which have the land surveyor's or public agency's cap or tag
affixed to the monument shall be civilly liable to the state,
political subdivision or any other person for all costs associated
with restoration or replacement of any monument destroyed, disfigured,
removed or disturbed. The remedies under this subsection are in
addition to any penalty which can be imposed under subsection D.
I'm sure your state has similar.
Here's a personal example of the importance of this stuff:
The property I'm on was once owned jointly by two brothers. When
brother "A" decided to build this house he and brother "B" did a straw
deed split. The original parcel was 4 acres, less a 30' road easement
at one end. The new deeds were worded such that each brother suffered
a loss of 15 feet. While complicated, the language was understandable
with careful reading.
In my purchase contract I demanded that the seller hire a registered
surveyor to find or place corner pins. This was done and the surveyor
drafted a new property description. The problem was that he revised
the language and the title company used (and insured) his description
rather than the one previously recorded.
Brother B then sold his parcel to an adjacent neighbor, who split off
a piece to expand his propery and make it impossible to build more
than one house on the remainder. He then built the one house on spec.
By chance I saw that one survey pin had been moved.
The neighbor had determined (correctly) that the new survey was wrong;
the surveyor had given me back the 15' that I shouldn't own. The
neighbor decided (incorrectly) that He could move the pin. When I
informed him of his misdeed (no pun intended) he contacted the
surveyor, who had to redo the survey at his expense.
I now had a clouded title so my lawyer filed a claim against my title
insurance who had to pay me for my "lost" land, for the drawing of a
new deed, and my lawyer's fees.
Talk to the neighbor and tell him that it's important to you that the
pin be replaced by a registered surveyor in case you ever want to
sell, build, etc. If he is a good neighbor, he should see your
position and comply. If he isn't then you know where you stand with
him and you can go from there.
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