The beaten path is the safe path

The beaten path is the safe path

The Latin maxim Via Trita, Via Tuta means the beaten path is the safe path. “The truth is, the moment we desert the old rules of interpretation, we are off of soundings, and deliver over the titles to lands to interminable doubts.”
Cleaveland v. Smith; 2 Story 278; 5 Fed. Cas. 1003 (Maine, 1842).

The Original Survey - Why You Need It and How to Get it.

The Original Survey - Why You Need It and How to Get it.

The Original Survey - Why You Need It and How to Get it.
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Since the “sole duty, function and power” of the retracement surveyor is to “follow the footsteps” of the original surveyor, it becomes of utmost importance to begin with the original survey.  Finding the original survey, interpreting and locating it on the ground can all be unique challenges.  Occasionally, there is no original survey as such, but the courts have ruled on how to deal with such an anomaly.
 
Often the practice by the modern “retracement” surveyor is to review the current descriptions, maps, plans and so-called surveys in the neighborhood, then search for any markers in the vicinity.  Any that are found are often accepted at face value as long as they “look ok” and fit within reason with the documents collected.  Those not found need to be set in proper position, which is often done according to the measurements found in various documents.  Relying on these measurements, some of which are mere estimates, results in something other than a real survey, and probably is no better than a “best guess.”  At any rate, it is not adhering to the rule of law to follow the original surveyor or the original survey.  Consequently, it likely constitutes either a breach of contract or a violation of one or more laws.
 

 
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Artist - Don Troiano
The Legislative Act - an often overlooked and forgotten source of boundary and title information

The Legislative Act - an often overlooked and forgotten source of boundary and title information

The Legislative Act - an often overlooked and forgotten source of boundary and title information
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A number of titles have been created by what we call “the Legislature”, a law-making body of the government. 
With that, original boundaries have been established, often with detailed information.  This information may be the supreme source of title and boundary creation, and sometimes the only source.  Examples include town boundaries, turnpikes and other categories of highways, land grants, and a variety of special and unique creations.
Specifications
All Courses meet state board requirements 8 PDH or 2 CEU
Seminar Location Hampton Inn & Suites, 59 Portsmouth Ave., Exeter, NH
Features Benefits
Register two weeks before seminar $40 savings credited at check-out for the one day seminar
Two-Day Seminar Option Save even more - $25 for the two day option AND $100 for the early registration
Group Discount for three or more from the same company Save another 5% at checkout