The case comes from the Supreme Judicial Court of Maine. The parties involved were David and Katherine Graves and S.E. Downey Registered Land Surveyor, P.A. S.E. Downey is owned by Stephen Downey, a registered land surveyor and shareholder of the company. His son, Patrick, is an employee who helped on the Graves’ home project, under the supervision of his father. There are many errors that can occur when surveying a piece of land. When calculating measurements, it is very unlikely that any two measurements will ever be the same. There will most likely always be a degree of variance no matter how many different methods and types of equipment are used. In order to reduce the variance, the discrepancies need to be reduced in order to be as accurate …show more content…
S.E. Downey Registered Land Surveyor, P.A case, a surveying error was made by Patrick Downey where he measured too far into the Acadia National Park’s property line and as a result a $110,589 impact cost was charged to the Graves’ to move the construction of the home. The Graves family property is surrounded by the Acadia National Park on the North and East side. Their intentions were to divide their property into three lots and construct a house on the northern most part of the property. The contractor on the job recommended to use S.E. Downey to survey the land. The construction would include to install a septic system, drill a well, improve an existing road and provide power to the new home. Once construction had started on the Graves family property, a representative from the National Park Service informed the Graves family that the home was intruding into another property that the Acadia National Park had authority to prohibit construction in. As a result, the National Park Service informed the Graves’ that the potential home was north of their property line and needed to be relocated …show more content…
Downey did in fact falsely place the home on a piece of property that the Graves’ did not own. Their actions were a result of the Graves’ $110,589 damages. The Graves’ were given a full compensation of their damages plus interest and costs. After this conclusion was made, S.E. Downey appealed the decision and claimed there was not enough evidence to prove that the damages originated from negligence. They claimed that the Graves family did not provide enough information based on their property boundaries. S.E. Downey stated that the Graves’ failed to provide further information on the owners of their surrounding neighbors’ properties. They continued to exclaim that they were unaware that the Park owned the property where the home intruded on, and blamed the Graves’ for not providing them with the documents that the Park had authority to not allow construction on that piece of
Doris Reed bought a house for $76,000.00 from Robert King. Mr. King and his real estate agent failed to disclose to Mrs. Reed that a murder had taken place in the home ten years ago. Neighbors told Mrs. Reed about the murders and the stigma associated with the house after she moved in. The property appraised in the amount of $65,000.00 with reference to the history of the house. Reed sued King on allegations of misrepresentation for the purchase of the home seeking rescission and damages to terminate the contact.
The windshield survey of Black Hills discloses diverse aspects of living and ample different cultures within this area. The community is extremely diverse and places a large emphasis on religion. The physical environment of this area can be described as in a debilitating condition. The environment observed architecture of the houses was all similar. Most of the houses looked as though they were crumbling. The major differences in the houses was the siding, colors, and few of the houses looked to be well maintained. The housing units appeared to be detached from other units. The yards were simplistic, small, and gated. The lawns were overgrown and cluttered with old
I wonder if it’s an old foundation of a farmhouse or something, Brett thought to himself, but nothing before was ever said about any other buildings existing on their land. Deciding to have a closer look, he dismounted his horse and grabbed an army entrenching tool that he kept tied to the saddle. He went and cleared a path so he could have a closer look. He was surprised to find what looked like an old, flat grave marker. As he cleared away more of the tumbleweeds, he was surprised to discover several other grave markers arranged in two rows. It looked like a small graveyard. Brett brushed away some of the mud and sand that had caked onto one of the grave markers. He noticed that the lettering was shallow but still legible.
Here, the McDowell’s performed an adequate physical inspection of the property and necessary due diligence as required by New York under the doctrine of caveat emptor. In Daly, the buyers similarly performed a physical inspection of the property, but differed in that they failed to perform due diligence regarding the discovery of material fact from the inspection. In Daly, the buyer had a physical inspection performed on the property, it was discovered that there was evidence of previous water intrusion and the buyers were recommended to consult with neighbors and local authorities about the defect. This is distinguishable from the McDowell’s case because they hired a surveyor and inspector to examine the property. The surveyor found that the
With a stick he fashioned into a staff, he probed the ground for any remnant of a burial site. But an hour into the search and he had uncovered nothing. Anything that looked like a vine covered fence, or a grave marker, erect or fallen, he investigated. From where he stood above and away from the creek, he could see that the land flowing beneath the canopy of trees. In the groves of maples, oaks, and evergreens, a carpet of leaves and fallen branches littered the ground. The thinning undergrowth made him think it would be a better choice for a search, but he would have to find another way to keep his bearing. The trees would probably muffle the sound of running water.
These results could be inaccurate and be caused by other issues such as the imperfectness of the
I was at my grandmother’s lake property on Strawberry Lake. For the past few years, I had spent a majority of my summer vacation at this property with my grandmother. When she first bought the property years prior, it consisted of a barebones trailer
After many curse words and getting lost several times following all the detour signs, Casey Culpepper had arrived. The car idled at the beginning of the gravel road leading to her mother’s family home. This property had passed from one heir to another for over a century and a half, and it became her responsibility the night her parents died, along with a sizable trust fund.
This issue of money all began when Mr. Jennings, being the gullible person he was, hired a land surveyor, not a lawyer to write his will. The sneaky land developer intentionally made John’s grandfathers’ will to be extremely vague and ill written. Mr. Jennings real wishes were obscured and open to interpretation.
The first step to development is to survey the property in order to document and draw the bounds and land surface shapes. The property will be represented by various geometry elements such as points, lines, arcs, circles, and other defined geometry shapes. Surveyors use scope on tripods witch use projection of line Referenced point on a stick in order to measure the variations of the heights on the ground. This tool uses various angel theorems and postulates to find location of property boundaries, property corners, utilities and building layouts on the property. The surveyor uses the data collected to draw the property layout on a 36”x 24”sheet of paper.
The findings include that prior to 1968 there was nothing developed or constructed on this land. According to 1968 aerial view, there was an electrical shop on this site which did not affect the site by any means. The current occupant Minto built this building around 20 years ago in 1994.
Within every city there are many historic properties waiting restoration. Because of this the city and federal governments offer tax breaks, restoration grants and a host of other assistance programs designed to restore landmarks to their original splendor. The preservation of these buildings lends gravitas to the city, bolstering civic pride and in some cases new revenue generating tourist attractions. Historic site restoration is a lucrative, albeit changeling process that can offer satisfaction personally, monetarily and publicly. But it is not simple.
When recording a measurement it is important to remember that every measurement is a comparison or estimate to a standard. Therefore, the measurement will always possess some type of random error.
Surveying is the technique and science of accurately determining the terrestrial or three-dimensional space position of points and the distances and angles between them. These points are usually, but not exclusively, associated with positions on the surface of the Earth, and are often used to establish land maps and boundaries for ownership or governmental purposes. In order to accomplish their objective, surveyors use elements of geometry, engineering, trigonometry, mathematics, physics, and law.
Of course like all measuring techniques the sensor needs to be precise, accurate and repeatable so that the measurements are reliable and fit for purpose. One more major factor is time, response and recovery times of the sensor are issues that are looking at to be improved with the hope of having devices with immediate response times and a very low recovery time.