Simple Friday Question

[PE_PLS]

How do you reestablish boundary lines for a block where one side is not parallel/perpendicular to the other three? An example is attached.

Specifically, in the case with relatively small discrepancies (plus or minus a couple tenths over the length of the block.) between measured and record distances, would you:

A: Hold record for lots 1-6, and lots 13-17, and contain the block length discrepancy in lots 7-12.

OR

B: Prorate the entire block.

OR

C: Some other form of resolution.

For the sake of argument assume that all lots are vacant, there are no visible lines of occupation, and that no monuments are found at lot lines.

[PE_PLS]

Had to go and spoil all the fun, didn't you....:)

Actually, the reality is this one is pretty easy. Occupation fits almost perfect if you march down record distances from west to east...

I did intend for this to be a general question though, so lets just use the map for an example, not what's actually built on the Oakland Berkeley border.

What is the intent of the original subdivider? Measurement differences placed in lots 7-12? Or give every lot an extra 0.02' or 0.03'?

[MikeTurnrose]

I'm sure you found those "old stakes" just sitting out there in the street, so then it would be easy. :)

I wouldn't prorate, unless you found originals or accepted perpetuation thereof or if the County or the City came through there and monumented the centerlines, etc. with a thorough, generally accepted survey, then proration would need to be considered.

I can't really give you a hard and fast answer without looking at all the evidence.

Ok, I just saw the picture, so you've got major improvements. I'm thinking curb split is a possibility with possible proration.

[E_Page]

If there was a total lack of evidence of the lines other than the block corner stakes, you have no basis to isolate the errors in only part of the lots. All of the lots are dimensioned and no dimension has any greater reliability than any other, so you would prorate the entire block - again if, and only if there is absolutely no other useful evidence to isolate the error.

Except that I saw a surveyor (no longer licensed now) and a county surveyor both testify that in any block with any odd shaped end lots, all the error goes into the end lots (this is a grossly misinterpreted application of what is known as the remnant rule, which has been soundly discredited by several respected authors and a few courts since it's first application in 1911). But they also both testified that the surveyor is to assume that all regular shaped lots were exactly perpendicular to the street, regardless of what the clearly provided dimensions indicate (i.e. if Woolsey & Farview were parallel and Deakin St were not perpendicular but at an 88 degree angle to the other streets and all other dimensions remained the same, the map would then indicate lot sidelines at 88 degrees - but according to those 2 surveyors, you ignore that and assume right angles), so take that for what it's worth.

[Ben Lund]

I agree with Evan. Prorate the entire block. BTW, proration has nothing to do with angles so it does not matter if streets or lot lines are parallel. For example, one time I had to prorate a block that had 5 sides.