Retracting or withdrawing a filed Record of survey

       This has been a long standing boundary dispute that I have somewhat explained previously  on the POB forum. (the old one)

       In a nutshell, it involves (2) quarter corners on the west line of a section.

       One that has been in existance for 67 years+/-., set for the subdivision of the section to the west.

       The other;  recently set by me for the subdivision of the section to the east.      My client owns the NE1/4.,SW1/4 of the section to the east.

       The two 1/4 corners are 380+/-ft. apart  in a north south direction and I have good evidence to prove the 67 year old corner wrong.

        It was very close to going to court, but both sides have agreed (finally)  to settle, using the old existing fence lines of occupancy.

        The existing fence lines as occupied by my client follow closely utilizing my 1/4 corner position and subdivisional breakdown.

       
        I don't want to get into a debate over the positioning of the (2) 1/4 corners because I have already made that decision and have explained it thoroughly on my Record of survey. 

        My question here is;     

       Now we have an agreement to the fence lines which I have referred to on a prior preliminary survey of mine,  (no problem)

       The problem;  Since the opposing side has property in the adjoining section to the west, and as part of the agreement, the opposing side wants me to withdraw my filed record of survey.  

       My short answer;   Go take a hike.  It's on Record.  

       Anyone else have an idea of a workaround?          The attorneys don't quite understand.       

         

I agree with you about being on record. The Old one was fine for when it was done since it was a snapshot in time of the Title rights and occupation rights on the ground.  It Sounds like since Rights, and or title has changed, then a new ROS is in order. Have fun selling that though. 

You can't un-record something in the public record.  If they want to negotiate that you prepare a map which supercedes the old one, that's a different matter.  You can do that.

Isn't there any mechanism for filing an amended map?

The BLM, in their retracement surveys, replace the aliquot part description with a M&B with tract number identifier when this problem is encountered.

Your state law will provide you with the guidance regarding the procedure you must follow to correct the record description so that the existing boundaries are accurately described and thus not subject to be moved in a future survey, (hopefully).

Descriptions are not written by 'the gods', there ain't no 'survey gods'.  It is your responsibility to recognize when the inherent errors in all record descriptions, have, in any particular instance, exceeded the allowable error at the time of your survey and you provide the owner with the means to create the correction document that puts the accurate description on record, replacing the inaccurate one in a way that complies with your state laws.

Richard Schaut

Brings up the question of just what is a "Record of Survey."  Maybe it varies state to state (doesn't even  exist in some states).

Does a Record of Survey control any boundary lines (adjudicate them) or is it just a professional opinion with liability attached.  I'm sure a Record of Survey is evidence of a boundary but does it control the boundaries.  Is it a title determining document?  I been wondering myself?

I think we should sort out different kinds of surveys.  Any survey that is the original survey for a new boundary line should be a Record of Survey and be attached somehow to the title documents.  A later survey of an already created parcel should be a retracement survey and as such doesn't have any control over title as it's just an opinion or a refurbishment of the original.  Then there is the abyss where a parcel doesn't have any survey of record at creation.  What do you do about them?  I think they need some sort of landowner blessing of acceptance where they could become a real Record of Survey and control the boundaries.  I've never figured out how surveyors do the retracement thing on a parcel that's never been surveyed and thus has nothing to retrace, but what do i know?  Unlike many others I've never been able to find what was never there (retrace nothing).

I don't think you can withdraw what's already been filed in a public record.  I suppose you could file a new record, refer to the first and explain why it needs to be altered or  changed.  Affidavits come to mind.  Some statutes provide for that.

I would be interested in knowing about that double set of quarter corners? Did the GLO set a common quarter corner or did they set a quarter corner for the west section only?

Seems like a simple enough question!

Keith

Ok, if there is a township and range and a State, I can find out about the quarter corner?

Keith

For Keith:

Thanks Ray for your response.

I figured that was the case and I have read other thread where it was stated that they set a new 1/4 corner for their side of the line when the record GLO 1/4 corner was originally set as a common corner.

I happen to believe there is no authority to change the common 1/4 corner into a 1/4 corner for one side only.  There is no authority for this except the BLM doing an Independent Resurvey where the function of a common 1/4 sec. cor. is changed to a 1/4 corner for one side only.

You must disagree with this, so I would be interested in seeing any documentation that would provide for it.

It may well be possible that you do not agree with the position of the retracement surveyor's 1/4 corner, but that does not provide any authority to change it's function.

Keith