Jump to content
Sign in to follow this  
Followers 1
trmcconn

Easements

Recommended Posts

When a survey marker is on private property is it typical for a lien or easement to be recorded in the owner's deed that allows the federal government access to the property for the purpose of recovering the mark?

Share this post


Link to post

A lien means the land owner owes money, so that is not applicable here.

 

Back when the agencies were setting triangulation stations, there might or might not have been some sort of written agreement with the land owner, but I've never heard of an easement being recorded in the public records for that. It would be interesting to know if anyone has found such an instance.

 

Most of the elevation bench marks were placed along roads or railroads, so there was already a right of way easement if that land was privately owned, and the placement of a disk was usually not questioned even when that use was not originally included in the easement rights.

 

For those disks placed on private property, I suspect the owners just cooperated, and if not the disk was placed somewhere else. One could make an argument that an easement by prescription now exists for them, but IANL so I don't know for sure.

 

For us benchmark hunters, I don't think we can assume any right of access and need permission if it is on private land. I've even been chased off the road right of way in front of someone's house because measuring scares people.

 

Interesting question. I'll be interested to see if someone knows more.

Share this post


Link to post
... For us benchmark hunters, I don't think we can assume any right of access and need permission if it is on private land. I've even been chased off the road right of way in front of someone's house because measuring scares people. ...

 

Some years back I had a terrific day benchmarking in North Carolina with frequent (though not recent) forum contributor PFF. Unlike a Yankee like me, Paul speaks the local language and was quick to reassure residents whose yards might contain disks of interest that we were not surveyors and were not planning on widening the road or making any other "improvements" that would raise their taxes, increase traffic, or otherwise lower their quality of life.

 

Also, if memory serves, ate some pretty fine Carolina BBQ (my favorite variety).

 

Share this post


Link to post

When a survey marker is on private property is it typical for a lien or easement to be recorded in the owner's deed that allows the federal government access to the property for the purpose of recovering the mark?

No

 

easement by prescription = No

 

Marks that in the past were placed on private property, mostly triangulation, were done with the owners permission for the most part. The fed. gov't makes no claim to the property the mark is located on and will not go upon that land to recover the mark without the owners permission, if it can be discerned who the owner is. They will even remove the mark if the owner so wish's. I recall many years (circa 1980's) ago the NGS state advisor was in our area to move a tri sta off private property, the new owner wanted it off the property and they obliged him. One of the tech's on our crew went out and helped him one night to do a Polaris observation (North Star) to determine the bearing to the Azimuth. A long night observation and Neil took notes for him.

 

With the advent of GPS, a new point can be established in 1 day or less so using a mark you can't get to is not worth the effort.

 

 

https://www.ngs.noaa.gov/corbin/class_description/Astro_12.shtml

Edited by Z15

Share this post


Link to post

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  
Followers 1

×
×
  • Create New...