Deed Calls at Variance from Long Occupation Sample Clauses

Deed Calls at Variance from Long Occupation. If the physical occupation on the subject property is discrepant with the written deed and the Surveyor proposes a resolution based upon the physical occupation, the survey shall show the relationship (by dimensions on the survey map) between the resolved boundary location and the record deed location as required to comply with Professional Land Surveyor’s Act (“PLS Act”) Section 8764. At a minimum, the following should be addressed and included in the proposed resolution15: a. Title research that includes XxXxxxxxx deeds16 for the subject parcel and all adjoiners. b. Field measurements documenting the location of the physical occupation of subject property, its adjoiners, and present location of improvements along the 15 Professional Land Surveyor’s (PLS) Act Sec. 8764(d) and (g), requires the submittal of specific requested information where surveys have been previously performed by others. 16 Research should extend back in time to a point of common ownership of the parent tract. Because land records prior to the 1906 fire were largely destroyed, the XxXxxxxxx decrees to establish title are often the earliest surviving documents of record in the City. full width of the block together with a comparison of those locations shown on historical surveys as required by PLS Act Section 8764.17 c. Evidence demonstrating that current occupation supports the historical evidence of occupation dating back to the era of the original XxXxxxxxx judgments. In such cases, the Surveyor may, consistent with his or her professional opinion, monument and hold as the property boundary either the record deed line or the occupation line. However, in doing so, the survey shall clearly state which of the two lines is purported to be the property boundary (deed or occupation). Land Surveyors are not authorized to determine title or whether physical occupation has ripened into actual transfer of title. Land Surveyors are authorized to weigh all applicable evidence and opine on the location of the property boundary based on that evidence. If there exists physical evidence that is in contradiction to the title boundary, then the Surveyor must also show that additional information in an effort to memorialize all relevant survey evidence needed to conclude their opinion. In such a case, the use of extrinsic evidence may support the conclusion not that title changed, but rather that the reliably documented historical occupation is consistent with the actual intent of the parties as expre...
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Related to Deed Calls at Variance from Long Occupation

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