Part 2: James M. Vianna, PLS

Transcription

1 James M. Vianna, PLS, N.Y.S. Assoc. of Professional Land Surveyors 56 th Annual Surveyors Convention Verona, N.Y. January 23, 2015 There is no place for haste or allowing outside influences like time and money to dictate if you are successful Don t spend a lot of valuable time trying to make numbers fit; they are only a means to an end Preface to Forensic Procedures for Boundary and Title Investigations, Donald A. Wilson, LLS, PLS, RPF Thus the ancient surveys were often actually distortions, in that they would represent a compass survey line as a right line perfectly straight whereas as a matter of fact the line may be crooked or a curved line --- Thus the uniformly rectangular forms of townships and lots on the ancient survey maps make them in reality distortion surveys for they do not show the actually existing crooks, angles and curves and teaching men to expect what in fact does not exist In any dispute as to the limits of lands, the courts hold that a boundary must be placed wherever it was originally marked in the field by the first surveyor. No matter what errors were made by the original surveyors Verplanck Colvin, 1896 Report of the Superintendent of the State Land Survey for the year 1895 Contact: JViannaPLS@aol.com 1

2 Saratoga Patent Distance measuring tools typical of what was used in laying out the exterior and interior lot lines of the Saratoga Patent circa Contact: 2

3 Angular measurement tool used in laying out the 48 interior lots (East - West) of the Saratoga Patent circa 1750 Angular measurement tool used in laying out the interior (north-south) farm lines of the Saratoga Patent circa Contact: JViannaPLS@aol.com 3

4 Prior to 1860±: Generalizations based upon my personal experience as it pertains to the Saratoga Patent: 1. Distances were measured on the slope. Surveyors were paid based upon the number of miles run so measurements were taken with great speed and with little regards to accuracy. Todays distances will almost always measure shorter. A rough scale factor of 1 link (0.66 or 7.92 ) per 66 chain is normal. (This will vary based upon terrain i.e. more for steeper ground, less for flatter). 2. Angular measurements are harder to quantify being subject to systematic and random errors such as magnetic attraction, precision of the engravings, leveling and skill of the user. Compasses were placed on Jacob staffs and readings were estimated to the nearest 1/2 degree. There is little local attraction to deflect the needle. GPS derived linear regressions made today show little deformation along the lines (most lines). 3. A combined precision of less than 1 part in 100 is normal. 1860±-1910±: Generalizations Cont d. 1. There was a large increase in the amount of land surveyed just after the civil war. Distances were measured on the horizontal with a 4 pole chain (66 ) and were considerably more accurate than earlier surveys. Todays distances will almost always measure longer. A rough scale factor of 1/2 link (0.33 ) per 66 chain is normal (i.e. what they called one chain (66 ) was in reality due to stretching wear) 2. Angular measurements improved with better compasses such as the standard Gurley 6 diameter vernier compass being used. Compasses were placed on tripods with fore and back sights being averaged and readings being estimated to the nearest 15 minutes for most work. A combined precision of less than 1 part in 500 is normal. Contact: JViannaPLS@aol.com 4

5 The Art of Land Surveying: In a retracement survey, a value for the chain length should be established by measurement between existing monument's and used to find or prorate corners that need to be set. In hilly country, you need to determine if the surveyor measured along the ground or made some attempt to plumb the chain. This also can be determined by measuring between found corners. Here is where the true art of surveying comes into play. I know many surveyors today think the answer is found in the computer or the total station. The answer has always been and always will be in the field evidence and following in the footsteps of the original surveyor. Surveying the Land Vol. 1, Distance Measuring Tools & Their Accuracy, Page 175, Milton Denny, P.L.S. Case No. 1 Retracement of a 1829 survey (distance analysis) N. end stw I.R.F. Cor. stw E. end stw. Cor. stw Cor. wfp Contact: JViannaPLS@aol.com 5

6 Case No. 1 Retracement of a 1829 survey (angular analysis) Contact: JViannaPLS@aol.com 6

7 And this line 21 chains and 96 links (1,449.36) The descriptions for my clients parcel since 1833 call this line 23 chains and 30 links (1,537.8 ) Thereby leaving a large gap here Which resulted in the 1982 surveyor creating this line and a 4.53± acre parcel to the west. He then instructed his client to quite title to this parcel by purchasing it, despite the fact that my clients (old farmers) told him they did not own it. They gave him a quit-claim deed to the parcel for an undisclosed fee. Research into my clients back title reveals that the original (1829) distance along this common line to be 33 chains and 30 links (2,197.8 ). The next conveyance in the chain of title (1833) introduced a scrivener error of 660 by calling the line 23 chains and 30 links (1,537.8 ) with all other courses and acreage being described identical Additional supporting evidence is the call of this corner being a maple sapling in 1829 and 1833 as per my clients deed and a maple bush in 1835 as per the adjoiners deed Contact: JViannaPLS@aol.com 7

8 Research into the back title of the adjoiners parcel, reveals it was created in 1835 and should fit against my clients property like such, thereby placing the mystery lot on the east side which corresponds with the stonewall shown on the 1982 survey. Sure enough a deed was found for this parcel that has been lost to time and the net effect of the 1982 survey being that his client purchased a portion of his land twice. Case No. 2 Retracement of a retracement of a 1926 survey No doubt a bigger problem is today s surveyor retracing not only an original survey, but encountering past retracements that either made the wrong assumptions or did not take into account the allowances made by the first surveyor. This problem is widespread, resulting from incomplete retracements --- The only way to approach projects such as these is to work chronologically, determine the original survey work and creation of title(s), then following the resurveys and retracements one at a time, in order to conclude what is reliable and what is not. Forensic Procedures for Boundary and Title Investigation, Donald A. Wilson, LLS, PLS, RPF Page 192 Contact: JViannaPLS@aol.com 8

9 Part 2: James M. Vianna, PLS Contact: 9

10 Location of stone monument found as per 1992 survey Contact: 10

11 Case 3: A modern day pin-cushion Contact: JViannaPLS@aol.com 11

12 Contact: 12

13 Not all pin-cushions are created equally The truth is out there Contact: 13