Anthony Maffia
03-06-2003, 01:15 PM
I need clarification on PLS Section 8765(d):
When the survey is a retracement of lines shown on a subdivision map, official map, or a record of survey, where no material discrepancies with those records are found and sufficient monumentation is found to establish the precise location of property corners thereon, provided that a corner record is filed for any property corners which are set or reset or found to be of a different character than indicated by prior records. For purposes of this subdivision, a “material discrepancy” is limited to a material discrepancy in the position of points or lines, or in dimensions.
So, I have a lot on a 1929 subdivision that is in a rural part of the county consisting of three blocks in a triangluar shape.
In 1994 the county surveyor filed a corner record showing two of the original subdivision monuments found, one of which is a lot corner for my client.
The map shows a 16' wide alley at the rear of the lot, but the right-of-way dedications were never accepted by the county and it is expected to vacate the alley.
So, the lot shown on the map extends to the center of the alley. Can I set points in the center of the alley and file a corner record? I expect to find the other monuments as shown on the 1994 corner record.
I spoke with a surveyor at the county, who suggested that I show the pipes as witnesses to the lot corners at 8' offsets.
Any other suggestions? Thanks.
When the survey is a retracement of lines shown on a subdivision map, official map, or a record of survey, where no material discrepancies with those records are found and sufficient monumentation is found to establish the precise location of property corners thereon, provided that a corner record is filed for any property corners which are set or reset or found to be of a different character than indicated by prior records. For purposes of this subdivision, a “material discrepancy” is limited to a material discrepancy in the position of points or lines, or in dimensions.
So, I have a lot on a 1929 subdivision that is in a rural part of the county consisting of three blocks in a triangluar shape.
In 1994 the county surveyor filed a corner record showing two of the original subdivision monuments found, one of which is a lot corner for my client.
The map shows a 16' wide alley at the rear of the lot, but the right-of-way dedications were never accepted by the county and it is expected to vacate the alley.
So, the lot shown on the map extends to the center of the alley. Can I set points in the center of the alley and file a corner record? I expect to find the other monuments as shown on the 1994 corner record.
I spoke with a surveyor at the county, who suggested that I show the pipes as witnesses to the lot corners at 8' offsets.
Any other suggestions? Thanks.