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Permalink Reply by Bacon on May 19, 2015 at 5:32

Thanks Michael. Very informative.

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Permalink Reply by JHH on April 27, 2015 at 11:45

Has anyone seen any kind of permit for this pipeline?  I've looked at the Texas RRC site and haven't found anything.  But i'm no expert on the RRC website.   Seems that would have happened by now.  thanks if anyone finds anything.

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Permalink Reply by Joe Aldridge on May 13, 2015 at 2:32

Bacon,

You are correct. Additionally, My surveyor tells me that the State allows a surveyor to enter on to a property without permission to survey. Most that are doing work for pipeline routing want to acquire permission before entry. However, I have had  number of instances where surveyors  have entered onto my property to do a survey of a neighbors property without my permission. Those surveys have always come back with the surveyor alleging that the property line is off by a few inches. The problem with that is the property line has been under fence for more than 30 years and we have prescription. None of the neighbors have pursued a change to the property line as fenced at this point.  

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Permalink Reply by kittycatmama on May 13, 2015 at 13:17

Let me tell you all of a horror story that happened to a friend of mine in west Caddo Parish 5 yrs. ago. He owns about 40 ac. and he bought it with a physical survey--not the new GPS satellite survey. He had a pet donkey that ran on his property and a dog. He came in from work one day and there was a surveying crew on his property. He had not been notified that they were surveying for a pipeline. He told them to get off his property until he verified they were legitimate. At that point they told him that his fence infringed on another 's property. he told them his fence was on the property line and he had the survey to back it up.  They told him they were using a new type of survey per satellite (SKIP, YOU PROBABLY KNOW MORE ABOUT THIS TYPE OF SURVEY) and it showed his fence infringing on neighbor's property by a foot. They left. The next evening when he got home, his donkey and dog were running loose and his fence was down. Surveyors were out there again. He ran out there and he is a small guy. A big guy came over and threatened him. He called the sheriff and they showed sheriff their GPS survey and he backed them up. When our friend told me about this I told him to get an attorney. At that point he was actually afraid for his life. He never pursed it. He put the fence back on where the surveyors told him his new property line was.

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Permalink Reply by Skip Peel - Mineral Consultant on May 13, 2015 at 13:30

It is common for modern surveys to disagree with older surveys.  Newer technology makes for greater accuracy.  The incidence of metes and bounds legal descriptions that do not "close" is high.  And legal descriptions based on the PLSS (NE/4 of the SW/4 of Section X = 40 acres) have a high degree of variation.  In the example, that quarter, quarter section is quite often not 40 acres.

Now where fences come in to the question, you need an attorney or landman (Dion, for example) experienced in interpreting the law regarding adverse possession.

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Permalink Reply by JHH on June 19, 2015 at 15:46

Skip... our land was surveyed two years ago using the "Trimble VRS Now" process.  The new survey conducted a couple of months ago... by GPS... by a different company... showed  62 fewer rods for the same pipeline/route.  How does a landowner resolve the discrepancy?  thanks.

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Permalink Reply by Skip Peel - Mineral Consultant on June 19, 2015 at 16:16

JHH, sorry but that's above my pay grade.  I would suggest that you ask that question of an attorney experienced in land survey.  If you want to dispute the later survey your first step might be to record the Trimble VRS Now survey in the public record.

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Permalink Reply by JHH on June 19, 2015 at 16:18

ok, thanks

jhh

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Permalink Reply by Michael Allen on June 19, 2015 at 16:44

What needs to happen now is for you to contact the Louisiana state survey commission and file a complaint against both surveys. That will smoke out the correct survey.

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Permalink Reply by JHH on June 20, 2015 at 10:07

Michael... the surveys were conducted in Texas.  Is there an agency in Texas that is equivalent?

thanks

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Permalink Reply by Michael Allen on June 20, 2015 at 10:30

Yes,same situation in every state, they have a designated State Surveyor and a Board or a Commission.

Permalink Reply by Michael Allen on May 18, 2015 at 9:13

Boundary surveys have always been a problem and will continue as long as man is alive on this planet. The real question is how does a new survey compute against an 1800's staff compass and the stars. The answer is, they won't. The land surveys that were done in the late 1800's are the base line for everything now and in the future. On the other hand, when the sections were broken down into smaller chunks, individual surveyors can, and still do, make mistakes. If you have a question regarding your particular boundary, usually it's the registered survey that takes priority over someone's unregistered survey. In addition, if a fence line is off, one way to fix this is to have a "Boundary Agreement" between 2 or more landowners, and then register the survey. This will change your deed description. Government survey in sections is certainly easier to deal with that the old "meets & bounds" or bearing and distance descriptions. If you can find a copy of a book called "The Zero Balance" by Madson, you will find it very interesting. a very short book filled with answers to most all of your boundary survey questions.

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