Sunday, August 2, 2015

General Process for the Resolution of Property Boundaries


Preliminary Resolution

- Examine record information and put the pieces together.

- Are the calls in adjoining tract descriptions calling for the same thing?

- Are they calling for something different?

- What will control the boundary location?

- What will the field crew be looking for?

- Are there any red flags or discrepancies in any of the descriptions?

- Calculate search areas based on the reconciled record information.


Search for Evidence

- Find enough evidence to “get on the system” with your search coordinates.

- Based on the reconciled record information, look for called-for corners.

- Half the battle is knowing where to look.

- If you don’t look for it, it is almost certain that you won’t find it.


Evaluate Evidence and Reconcile with Record Information

- Did you find the evidence called for in the record?

- Do the field measurements match the record?

- If not, is there an explanation?

- Was there additional uncalled for evidence that sheds light on the boundary location?

- Can you reconcile the red flags identified in the preliminary resolution.


Revise Search locations and Search for more Evidence

- Revise your preliminary resolution to match the evidence found.

- Identify refined search areas where nothing was found on the first attempt.

- Identify additional areas to search when the search area must be expanded.

- Return to the field and look for more evidence.


Final Conclusion

- Did you find the original called for corners?

- Did you find original uncalled for corners?

- Did you find later uncalled for corners?

- Will you accept or reject what you found?

- For corners not found, which legal principles apply?

- Do you feel confident with your conclusions?

- Does the evidence support your decision?

- If evidence is lacking, is your conclusion reasonable? sensible? equitable?


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from presentation by Steven E. Weible on May 10, 2014