Caltrans Mons VS DEED Position?

[Dane Ince]

Caltrans deeds do not usally call for monuments that are often found along their rights of way. Are these monument which appear to have been set by Caltrans or set under their under direction the best evidence as to the intent of the recorded document? How does one handle differences between the deed position and the location of a found Caltrans monument? I have an inclincation to put the deed on the ground as it is written, but have touble with not fitting found monuments which appear to have been placed for the purose of locating the deed.


Thanks for your help

[Bob Hart]

When we have found monuments called for in the deed that do not appear to occupy the position indicated by the deed, such as a point on the right of way and the section line, we tend to hold the position for the right of way and show the section line with an offset to the monument. Coordinates are generally provided in the deed, but we have not found those values consistant with our survey calculations. We have found considerable monuments set along the right of way only referenced to the monumentation and right of way map and a slew of monuments not referenced at all. It is unfortunate that most of the older rights of way were surveyed from a right angle tie to the alignment, which has not been found a very accurate way to tie in monuments. There is something to be said for occupation, and most of the right of way is fenced. Several years ago a Las Vegas Surveyor related a Nevada DOT survey that was defective and his Client (a new casino ) provided a sufficient incentive to find the errors and correct the survey. Most of your clients will not have sufficient resources to fight with the State and win, unless the value of the land is higher than the price of challenging the original survey.
Just my humble opinion.
Bob Hart