Need Land Surveyor advice Please

Pistachioking · Jan 20, 2013

Greetings! While researching the possible contesting of a recent boundary line survey by a new neighbor on the backside of my farmland, I came across this forum and a discussion of a fence line dispute (2008). Here are my questions:

1. Does the use of modern survey equipment employing the Total Station method supersede all previous historical boundary lines using chain and site?

2. Can the surveyor identification be found on the web using the corner cap information?

3. Does California law prohibit the removal of previous survey markers?

4. In my digging investigation near the new corner drop, I found an iron rod about seven inches long, with a collar, or flange (imagine a large washer slide over the rod) in the middle. Might this be an old corner marker?

5. Can I contact the surveyors (there have been two performed in the last five years) using the corner cap information and ask to review their field notes or process with a professional surveyor of my choosing?

6. Should two licensed surveyors disagree in the boundary line established, who resolves the disputed difference? Can two property owners agree to a new boundary? I assume this would involve a lot of paperwork, probably costing more than the land area in question.

Thanks for any professional advice offered!

Bob

greasemonkeyok · Jan 20, 2013

A licensed California attorney is a much better source for legal advice than a tractor forum, although there is a lot of practical wisdom here. Searching this forum will reveal boundary disputes can be expensive and unpredictable, so think of this a financial venture-like planting a crop of pistachios. Some plantings yield a profit, and some don't. So you want the best advice up front before you start spending money and going down slippery slopes.

In my limited experience, even modern surveyors do not always agree on boundary locations, especially if one of them has taken short-cuts in preparing the survey. Contrary to popular misconceptions, it is not a simple matter of accurately identifying a point on the state plane coordinate system with fancy electronics. That's the easy part.

sam5570 · Jan 20, 2013

greasemonkeyok said:
A licensed California attorney is a much better source for legal advice than a tractor forum, although there is a lot of practical wisdom here. Searching this forum will reveal boundary disputes can be expensive and unpredictable, so think of this a financial venture-like planting a crop of pistachios. Some plantings yield a profit, and some don't. So you want the best advice up front before you start spending money and going down slippery slopes.

In my limited experience, even modern surveyors do not always agree on boundary locations, especially if one of them has taken short-cuts in preparing the survey. Contrary to popular misconceptions, it is not a simple matter of accurately identifying a point on the state plane coordinate system with fancy electronics. That's the easy part.

well said and great advise follow it

dodge man · Jan 20, 2013

1. No modern equipment doesn't make for a better survey, just more accurate.

2. Usually, but I'm not familiar with California.

3. Same answer as 2.

4. Maybe, but sounds a little odd.

5. Maybe, I doubt that they have to share their notes. If they did a plat, that should be what you want to review.

6. If there is a dispute, it's pretty much up to a judge. Land owners can always agree to a line, they have that kind of power, as long is it doesn't break any kind of zoning or other rule.

I am a land surveyor in Illinois and Iowa and licensed in those states, but not your state so my advice is worth what you are paying for it.
My experience is boundary disputes can get very expensive. A lawyer may or may not help, he may just want to take it to court and charge you for it.
I don't know the details of your problem, but the best thing might be to talk with the adjoined, and if you can't work it out, hire your own surveyor.

edlegault · Jan 20, 2013

What part of California? How ancient are the old surveys? How close are the older and newer surveys?

Remember.... parts of California shift/move quite a bit over the years!