O UTDOOR R ESORT P ALM S PRINGS – A&A R ULES
SECTION 11 – PROCEDURES FOR ADDRESSING LOT LINE DISPUTES DURING THE LAND MODIFICATION PROCRESS
1. Unless it is apparent that the actual occupancy line (existence of actual improvements) has been utilized by the adjoining Lot Owners on a long-term basis, the existing pins/monuments shall be utilized in the event of any Lot line boundary disputes. In the event there are no pins or monuments that establish or set forth the boundary lines between Lots, the parties may hire a surveyor to determine the Lot lines or may utilize the procedure set forth below. However, for all major and complete Lot modifications, a licensed survey locating the four (4) corner pins will be required. 2. Where no pins/monuments exist, or where there is a dispute between Owners, the parties are urged to hire a land surveyor to determine the Lot Line boundaries. If a land surveyor is not hired, the parties may utilize the procedures outlined herein to resolve the dispute. The parties may also ask the A&A Committee for an opinion on the matter. It should be noted that the members of the A&A Committee are volunteers and are neither professional engineers nor land surveyors. The members of the A&A Committee will not perform any land surveying and their recommendations are advisory in nature and not official or binding. The procedures follow: a. Primary consideration shall be given to the actual occupancy lines currently being utilized by the adjoining Owners on both sides of the lot in question. Historical records and procedures can be reviewed on the Lots in question to assist in making this determination. Except for some corner Lots and some other exceptions, most Lots at ORPS are approximately 35 feet wide. A three (3) foot measurement from the original concrete pads was historically used to assist in determining Lot lines. The owners can request assistance from the A&A Committee at this stage. b. If this preliminary assessment of the Lot boundary lines does not result in resolution, the Owners of the lots must hire a licensed engineer or land surveyor to determine the actual boundary line of the Lots. 3. No wo rk on the improvement or modification on the applicant’s Lot can commence until the A&A Committee has received confirmation from the parties that the dispute has been resolved or the A&A Committee receives a survey from a licensed surveyor. Until such time as this information is received, the application will be denied. 4. In the event that both parties in the Lot boundary dispute hire a licensed engineer or land surveyor and can still not agree on said boundaries, the Owners have a right to litigate the Lot line disputes in court. Should this occur and a decision be made by the court, the decision shall be final and binding on the litigants and ORPS.
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