The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-05-03
As TO CITY SURVEYS
An Important Ruling Made by
Judge Anderson.
QUESTION OF BOUNDARIES
faiue OF the Original Survey-It Cannot be
Changed to Suit a whim or
Caprice.

Inc decision arrived at by the court and
jury in the case of William G. Odell VS..
George Rose, Friday last in the Third dis.
Nrlct court has an important bearing upon
Inc question, now much raised in this city,
as 10 whether the city surveyor can change
the lines Of blocks and lots after they have
been long established according to an orr
glnal city survey made many years ago.
This case was ably conducted on both
sides, and very numerous authorities and
decisions in other states were quoted by
counsel. The plaintiff was represented by
Mr.. +. Z. Barker, and the defendant by
Messrs. haighn and Anderson
We have been handed the following state
ments made as to the law in that case dur
ing the progress of the trial Judge T. J..
Anderson was the trial Judge. and took
great interest in the whole case, remark
ing a number of times that he had been a
surveyor hlmselfs, had had quite an extern
slYe experience in surveying city lots, etc.,
IN MS own state (Iowa), and had also tried
d number OF cases involving the same ques-
tons.
The Court win say to counsel that I
VIII instruct the jury as TO the law in this
case, That the exterior boundaries of lot
OF piock are TO be determined, when want
ing, oy ascertainlng where the lines and
corners were originally established, when
II was hrst surveyed, If it can be done; and
IN order TO do that, they may take into con-
siueratlon fences that were constructed
ABOUT that time, and any other instance
taat may tend to show that that was the
original exterior OF the lot or block Now.
ihen, the interior lines of the block, or any
subdivision, are to be ascertained from
these old original lines. or course, if orig
maj monuments and boundaries are want
ing, and 1t cannot be ascertained where the
line Is, then surveyors are 20 take such
measurements and run from such neighbor-
Ing monuments as will bring the line to
ConIorn as nearly as nearly as possible to
Ine original survey as it was first made
mat might consisto of resetting the corners,
as the city has authorized its engineers to
oo, oy monuments In the centre Of the
street. That in the absence of all old sur
veys, may be the means of ascertaining.
BUT the city has no authority to take away
from mans lot or block, or TO add to il.
IL can only provide for the survey. or re-
survey, OF lots and blocks according to the
original survey. The original survey.
which was first made is the one which the
law recognizes, and If other surveys are
maze, tney are resurveys, and not original
surveys, and they cannot alter the survey
hrst made and recognized,
MI. 6arker-If the court please suppose
1t appear that the corner of a block is es
r. taoilshed on what purports to be the orig.
1nal survey, aid what has been recognized
as such, as also Its opposite corner on the
other side OF the street, and it should be
round that the street is less than it's
1ull or intended widt haccording to the CITY
plat then must the corners so established
De recognized, or may survey be made
drawing in the corners of the block so as
to make the street full width?
The Court-That is on the same principle
as the other. The corner as originally sur
veyed is the one which will be recognized
by the law, whether the street be too wide
or TOO narrow; and if the line is placed as
originally surveyed, or has long been rec
ognlzed as the original survey, it will not
be changed.
will state further my ideas on this sub.
!ect Livery one knows that surveys of land
into what are called subdivisions are sci.
dom made with absolute accuracy; they
are only appropriated as a rule. That is a
reason, or one reason, and good reason.
why the survey originally made should re,
main. II it can be found where the line
was originally made, that is where it is to
remain, so long as it can be shown.
wherever the boundaries of a street
Were made by an original survey. it would
be subject to the same rule; if il was too
large 1t would have to remain so: if il was
TOO small, it would have to remain so.