Saturday, May 30, 2015

Nuggets of Truth pertaining to the Resolution of Property Boundaries

The following are some quotes from reputable texts pertinent to the process of determining the location of property boundaries.
---------------------------------------------------------------------------------------------------------------

Quotes from Boundaries and Landmarks, A Practical Manual, by A. C. Mulford, 1912

“Since no two problems present exactly the same complications, it is useless for any one to attempt to lay out any fixed rules of procedure, yet it may be fairly said that from experience each surveyor acquires a certain amount of definite information concerning boundaries and landmarks and certain definite conceptions concerning the relative importance of different kinds of evidence, both direct and circumstantial. He is compelled to formulate for his own use certain general methods of procedure, and it is probable that the methods worked out by different surveyors bear a much closer resemblance to each other than would be supposed at first thought.” (page 2)

"... when it comes to a question of the stability of property and the peace of the community, it is far more important to have a somewhat faulty measurement of the spot where the line truly exists than it is to have an extremely accurate measurement of the place where the line does not exist at all." (page 3)


"For the solution of these problems [of boundary location] no general rules can be laid down; each man must work out his own salvation." (page 87)

"The problems of boundary lie at the foundation of all surveying, for one must know where a line is before he can measure it, and the solution of these problems calls for the same powers of accurate observation and of consecutive and logical thought that are demanded for successful work in any branch of modern science. It is needless to say that the successful surveyor must be accurate in his instrument work and in his computation; yet, if he would really succeed, he must go beyond this. He must add to this the patience to collect all the evidence which can be found bearing upon the case in hand, together with the ability to weigh this evidence to a nicety and to determine clearly the course pointed out by the balance of probability." (pages 87-88)

“The watchwords of the surveyor are Patience and Common Sense.” (page 88)

“Dishonesty in ordinary business life cannot long be hid and errors in accounts quickly come to light, but the false or faulty survey may pass unchallenged through the years, for few but the Surveyor himself are qualified to judge it.” (page 89)


Quotes from Boundary Control and Legal Principles, Third Edition, by Curtis M. Brown, Walter G. Robillard and Donald A. Wilson, 1986.

“When proving that a monument or line is an original, the surveyor must know what older surveyors usually set, how they made their measurements, and how lines were marked.  Thus some knowledge of history and the law of evidence is essential.” (page 1)

“Land surveyors, when locating land boundaries, are charged with the responsibility of adequately gathering facts, correctly evaluating them, and arriving at conclusions of law.” (pages 365-366)

“The three main causes of disagreement between surveyors are (1) failure to locate all of the documents that give essential information about the area being surveyed, (2) inadequate field search for monuments, and (3) incorrect interpretation of evidence or the meaning of documents.” (page 371)

“A diligent, thorough, and complete search for all evidence is the fundamental essence of land surveying.  Failure to find an original monument position can only lead to the possibility of future litigation and can impart liability upon the less than diligent surveyor.” (page 372)

“The objective of the resurveyor is to locate where the original surveyor ran his lines on the face of the earth, and this determination should be in accordance with the best available evidence.  At times possession may be the best available evidence remaining, but such a determination should only be made after a complete analysis of all the evidence, such as the age of fencing, ring count in overgrowth on tree blazing, and the collection of testimony.” (page 372)

“Since evidence varies in degree of importance, the surveyor must have knowledge of the order of importance of evidence and must locate land boundaries in accordance with the best available evidence.” (page 373)


Quote from Evidence and Procedures for Boundary Location, Third Edition, by Curtis M. Brown, Walter G. Robillard and Donald A. Wilson, 1994.

“In attempting to survey and locate a described parcel of land, the only permanent and correct location of its boundaries is where a court of competent jurisdiction would locate them.  To know where a court would locate property boundaries, the surveyor must have expert knowledge of the laws of boundaries.  Yet regardless of where the surveyor would locate the boundaries of the parcel, the final decision is nothing more than an opinion of the evidence and this is always subject to review by the courts. [emphasis in the original] (page 2)


----------------------------
compiled by Steven E. Weible