land surveyors map versus land surveyor legal description and deed

[jimsue1]

Jurisdiction

Tennessee

This is concerning boundary dispute, Judge struck all of my defense, allowed party to non suit my licensed land surveyor the day of trial, trial proceeded, one sided, ruling of the court was the adjoining land surveyor's map only,*for person who sued me)( which showed my monuments rebar) , was the boundaries, but also ruled my deed had a boundary fence (no such language in my deed or in chain of title) and ruled I removed fence and cut timber, assessed $30000 against me for timber cutting 4 acres. Court of appeals, no correction to ruling, reiterated that the judge specifically found " boundary fence in my deed " to justify timber cutting.
Before I cut timber on my property, I hired a licensed Land surveyor in Tennessee, he came out to survey, he had all adjoining property deeds, set monuments in ground, produced a written description, as well as a map. I had boundaries clearly marked with paint on trees, showed the loggers, the wooden stakes with ribbon by permanent rebar in ground from my licensed surveyor , and never crossed over to adjoining properties. What happened to private property rights ? What is wrong with the judicial system in Tennessee ? Corrupt court officials who commit fraud upon the court ?

 

[army judge]

This is concerning boundary dispute, Judge struck all of my defense, allowed party to non suit my licensed land surveyor the day of trial, trial proceeded, one sided, ruling of the court was the adjoining land surveyor's map only,*for person who sued me)( which showed my monuments rebar) , was the boundaries, but also ruled my deed had a boundary fence (no such language in my deed or in chain of title) and ruled I removed fence and cut timber, assessed $30000 against me for timber cutting 4 acres. Court of appeals, no correction to ruling, reiterated that the judge specifically found " boundary fence in my deed " to justify timber cutting.
Before I cut timber on my property, I hired a licensed Land surveyor in Tennessee, he came out to survey, he had all adjoining property deeds, set monuments in ground, produced a written description, as well as a map. I had boundaries clearly marked with paint on trees, showed the loggers, the wooden stakes with ribbon by permanent rebar in ground from my licensed surveyor , and never crossed over to adjoining properties. What happened to private property rights ? What is wrong with the judicial system in Tennessee ? Corrupt court officials who commit fraud upon the court ?

Our courts are founded on an adversarial process.

It is a zero sum game.

There is a winner.

There is a loser.

If you served as your own attorney, you must ask yourself what happened.

If you paid an attorney, I suggest you ask him or her for a debrief.

 

[jimsue1]

I had an attorney, If a judge"s ruling to insert a fence in my deed, to justify his damage award, How can this be a court of equity ? I can read and so can Land surveyors, the "winner" land surveyor never mentioned the suppose "boundary fence " that the judge wanted to throw in my deed, as well as ruling the winner's deed had a boundary fence that separated the properties.(land surveyor never mentioned anything about boundary fence in deeds) If a judge can do this to property deeds, create something that was never there, Does this mean that all professional land surveyors, need to have a judge review deeds, prior to them doing their professional work ?

 

[army judge]

I had an attorney, If a judge"s ruling to insert a fence in my deed, to justify his damage award, How can this be a court of equity ?


Does this mean that all professional land surveyors, need to have a judge review deeds, prior to them doing their professional work ?

These questions should be asked of your attorney.

I know nothing about your case.

No one on this site knows anything about your case, other than what you recite.

Yes, TN courts do still decide matters of equity and law.

Your attorney is best equipped to answer your questions, because your attorney tried the case.

Good luck.

 

[jimsue1]

I will post my property deed, on this site, and you tell me if you see the word fence in it. This judge , I question his mental state, clearly made a ruling that my deed had a boundary fence specified in the deed , and it does not mention the word fence in it. The judge as well as the court of appeals in Tennessee made errors of fact and law and nothing was corrected. If they could not read, I would assume they know nothing about the Constitution of the United States of America , which they swear to uphold. If judges can make up their own evidence , which deprive US citizens of their right to life liberty and property, this country is in a world of hurt.
As well as all Land surveyors, because if a piece of property they are surveying has invisible language in it, wow.. I guess all judges need to become surveyors
so when a property deed has something not in it they can pencil it in, and run back to make a ruling against the person/persons they don't like.

 

[zddoodah]

Your case went to court and you lost. You apparently appealed, and the appellate court affirmed the lower court's decision. Case is over unless you appeal further to the Tennessee Supreme Court.

Your questions all appear to be rhetorical, and your post appears to be nothing but a rant, which is completely meaningless to us since we know nothing about your case. Sorry.

 

[jimsue1]

I lost because a judge produced his on evidence against me, He ruled my deed had a boundary fence. I'm sure any licensed land surveyor would have found that fence, if it was in my deed. My chain of title was entered in as an exhibit by the other side, Court of appeals referenced my deed, and nothing was corrected to the lower tribunal. I am not ranting, I am trying to understand why a judge can insert the word fence in my deed, where non existed ?

 

[army judge]

I will post my property deed, on this site, and you tell me if you see the word fence in it. This judge , I question his mental state, clearly made a ruling that my deed had a boundary fence specified in the deed , and it does not mention the word fence in it. The judge as well as the court of appeals in Tennessee made errors of fact and law and nothing was corrected.

Posting your deed is ill advised.
No need to post your deed, even if I agreed with you, I have no authority to do anything but shake my head and wag my tongue.

You can discuss taking leave to file an appeal with the TN Supreme Court with an attorney that handles such matters.

Here is the link to their website:

https://www.tncourts.gov/courts/supreme-court

If you continue to complain, nothing will change.

Something MIGHT change if you seek leave to appeal the case to https://www.tncourts.gov/courts/supreme-court

 

[jimsue1]

Posting your deed is ill advised.
No need to post your deed, even if I agreed with you, I have no authority to do anything but shake my head and wag my tongue.

You can discuss taking leave to file an appeal with the TN Supreme Court with an attorney that handles such matters.

Here is the link to their website:

https://www.tncourts.gov/courts/supreme-court

If you continue to complain, nothing will change.

Something MIGHT change if you seek leave to appeal the case to https://www.tncourts.gov/courts/supreme-court

I hired an appellate firm that files appeals in all states of US, they filed brief with TN Supreme court and it was denied. the surveyor, that the court ruled the map will be the boundary, refuses to complete survey so the boundary line is established. What can be filed with the same judge since it was remanded back to trial court to enforce ruling ? Other than my land surveyor monuments in ground, which was never touched upon , right or wrong by court, How is the boundary line fixed ?

 

[zddoodah]

I am not ranting

We can agree to disagree about that.

I am trying to understand why a judge can insert the word fence in my deed, where non existed ?

You've provided less than 500 words of information about your case, and I haven't read a single document relating to your case. That being the case, neither I nor any other person here can opine intelligently about what went wrong with your case. That's something to discuss with your lawyer or another lawyer from whom you seek a second opinion.

What can be filed with the same judge since it was remanded back to trial court to enforce ruling ?

Only an attorney who has thoroughly reviewed your case file can intelligently opine about this. You apparently are represented by an attorney, so I suggest you call him/her and request a meeting to discuss this.

 

[jimsue1]

Their is no resolution with this ruling other than, take it back to trial judge and either have this map only (air map) put on ground by the surveyor, which will create a whole new corner with another property owner (not part of suit) who has a deed with their land surveyor description back in 2001, and my land surveyor followed the corner call. or find invisible fence or void judgement. How will I know the demarcation of my boundary line with this ruling with no resolution ?

 

[zddoodah]

Once more: Only an attorney who has thoroughly reviewed your case file can intelligently opine about this. You apparently are represented by an attorney, so I suggest you call him/her and request a meeting to discuss this.

 

[jimsue1]

No , at this moment in time I do not have an attorney, and with this judge's ruling with no resolution to it. What needs to be filed to give me relief ? I followed the letter of law, hired a land surveyor, rebar in ground by land surveyor, and he gave me a written description concerning my property. With this ruling, and no correction from higher court, How will I and the "winner" ever know where the boundary line is ? Do I hire another land surveyor, which I am about 100 % sure he will "follow in the footsteps " of what is on ground and not find an invisible fence. How can I sell my property ? Which I want to do, and put TN in rearview mirror.
Does this site have Land Surveyors for discussion ?

 

[Highwayman]

No , at this moment in time I do not have an attorney...

How dense can you possibly be?

Yes, you are ranting and getting very annoying. You were represented by an attorney in court. HE is the one you should be talking to about this. No one here can help you.

 

[jimsue1]

How dense can you possibly be?

Yes, you are ranting and getting very annoying. You were represented by an attorney in court. HE is the one you should be talking to about this. No one here can help you.

That is not an answer to question' again What can be filed with trial judge to have the demarcation of the boundary of private property put on ground based upon this ruling from trial judge ? Everyone who owns private property wants to know limits of their boundary lines, to put up fencing, build a house, cut timber ect. so they will not encroach upon property of others.

 

[army judge]

That is not an answer to question' again What can be filed with trial judge to have the demarcation of the boundary of private property put on ground based upon this ruling from trial judge ? Everyone who owns private property wants to know limits of their boundary lines, to put up fencing, build a house, cut timber ect. so they will not encroach upon property of others.

This horse has been beaten to death.

To preserve order, closing this thread.

Please don't open another thread discussing the same or similar issue.

Good luck as you determine what you must do next, OP.