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How can you be negligent if your boundary determination was never proven to be wrong? This was the question in the recent Connecticut Superior Court case of Iron Shields Investment, LLC v. Miller, (2019). 1 Surveyor D’Amico — the only surveyor in the case — surveyed two adjoining tracts of land in Weston, Connecticut, in 2006. The properties in question were the Pellegrini property consisting of about 4 acres lying to the north and the Miller property adjoining to the south consisting of about 10 acres.
In performing his survey, D’Amico researched available maps of surrounding properties, pulled deeds of the properties and of adjacent tracts, pulled older deeds in the chain of title, went to the field to retrace existing boundaries, and recovered existing “stone bounds” (two in particular). “D’Amico researched the S.W. Hoyt map, 2 which showed the southern [Miller] tract as ten acres with boundary lines of two stone bounds along the boundary of property belonging to Stephen Godfrey.” The Godfrey property later became a part of the Weston Gun Club property which, at the time of the action in the case, adjoined the Miller property on the south.
Indubitably is an adverb that means “impossible to doubt.” It has a meaning similar to doubtless and undoubtedly, but it represents a much stronger degree of certainty.
Posted by: Commercial Appraiser CRE BLOG, 310.337.1973 | September 05, 2020 at 05:03 PM