Evidence and Procedures for Boundary Location E-Book

Walter G. Robillard

• Herausgeber: John Wiley & Sons
• Kategorie: Wissenschaft und neue Technologien
• Sprache: Englisch

Seitenzahl: 1541

Veröffentlichungsjahr: 2011

Beschreibung

Professional surveyors and many civil engineers must understand the laws of boundaries and the evidence necessary for efficient and accurate boundary determination. This new edition of the preeminent text/reference on the subject is brought completely up to date, with new material on the use of technology in surveying and its legal ramifications, the use of forensic investigative techniques in the discovery of obscured evidence, new case law examples throughout, and new exhibits help illustrate the concepts presented.

Leseprobe

Contents

Cover

Title Page

Copyright

Preface

1: Introduction

1-1 Scope of the Book

1-2 Definitions of Surveys and Surveyors

1-3 Activities of Boundary Surveyor

1-4 Surveyor in Society

1-5 Current Need for Surveyors

1-6 Future Needs for Surveyors

1-7 Land Data Systems

1-8 Global Positioning Systems

2: Definition, Scope, and Nature of Evidence

2-1 Historical Concept of Evidence

2-2 Surveyor’s Role in Evidence

2-3 Scope

2-4 Importance and Necessity of Being Impartial

2-5 Arrangement of Subject Matter

2-6 Kinds of Evidence

2-7 Evidence, Conclusions, and Proof

2-8 Classifications of Evidence

2-9 Types of Evidence Gathered and Considered by Surveyors

2-10 Scope

2-11 The Law of Evidence

2-12 Burden of Proof

2-13 Degree (Quantum) of Proof of Evidence

2-14 Preponderance of Evidence

2-15 Clear and Convincing

2-16 Beyond a Reasonable Doubt

2-17 Relevancy and Materiality

2-18 Admissibility, Relevancy, and Conclusiveness of Evidence

2-19 Admissibility of Evidence

2-20 Inferences as Substitute for Evidence

2-21 Extrinsic Evidence: When Used

2-22 Judging Effect or Value of Evidence

2-23 Judicial Notice as a Substitute for Evidence

2-24 Weight of New and Old Evidence

2-25 Scope

2-26 Understanding the Law as It Relates to Boundaries and Evidence

2-27 Duties of Surveyors in Finding Evidence

3: Words as Evidence

3-1 Value of Written and Spoken Words

3-2 Writings as Indispensable Evidence

3-3 Identification of Property Descriptions

3-4 Conclusiveness of Written Words of a Deed

3-5 Rules for Interpretation of Writings

3-6 Deeds Construed as a Whole

3-7 Reference Calls for Other Writings or Plats

3-8 Contrasting Plats and Writings as Evidence

3-9 Field Notes as Written Evidence

3-10 Extrinsic Evidence of Ambiguities in Writings

3-11 Practical Location and Descriptions

3-12 Patent Ambiguities

3-13 Ancient Survey Plats and Documents

3-14 Interpreting Words in Conveyances

3-15 Evidence That Determines Intent of a Conveyance

3-16 Evidence of Intent of Senior, Equal, or Junior Rights

3-17 Value of Spoken Evidence (Words)

3-18 Summary

4: Evidence and Technology

4-1 Introduction

4-2 Principles to Be Applied to Modern Technology

4-3 Applying Technology to Evidence

4-4 Original Corners Control

4-5 Original Survey Controls

4-6 Standards of Creation Control Retracements

4-7 Errors in Original Surveys

4-8 Effect of Standards

4-9 Original Corners Based on Found Evidence and Not New Measurements

4-10 Original Evidence Superior to Modern Measurements

4-11 Technology and Setting Lost Corners

4-12 Coordinates and Corners

4-13 Corners Control Over Lines

4-14 Two Points [Corners] Define a Line

4-15 Using Modern Technology Wisely

4-16 Conclusion

5: Other Types or Species of Evidence

5-1 Evidence of a Survey

5-2 Retracements and Evidence

5-3 Historic Private Surveys

5-4 Intent of a Survey

5-5 Value of Monuments as Evidence

5-6 Evidence of Monuments

5-7 Control of Original Monuments

5-8 Monuments as Indispensable Evidence

5-9 Sufficiency, Amount, and Kind of Evidence to Prove Original Corner Monuments

5-10 Physical Characteristics of Monuments

5-11 Disturbed Evidence

5-12 Evidence of Witness Objects

5-13 Evidence Used to Identify Trees

5-14 Trees and Their Characteristics

5-15 Chain of History of Corners and Monuments

5-16 Surveyors’ Records on Monument Location

5-17 Witness Evidence to Prove Corners and Their Monuments

5-18 Summary of Competent Parol Evidence

5-19 Passing Calls and/or Topo Calls

5-20 Possession Evidence

5-21 Common Report, Reputation, and Hearsay

5-22 Evidence of Fences to Prove Boundaries

5-23 Summary

6: Calculations and Measurements as Evidence

6-1 Introduction

6-2 Types of Measurements

6-3 Distance

6-4 Standardization of Measuring Devices

6-5 Units of Length

6-6 Historical Determination of Distance

6-7 Early Determination of Bearing References

6-8 Direction

6-9 Reckoning

6-10 Methods of Observing Directions

6-11 Historical Application of Measurements

6-12 Survey Computations

6-13 Consistency of Significant Figures

6-14 Significant Numbers in Angular Measurements

6-15 Meridian Determination from Celestial Observations

6-16 Photographs as Evidence

6-17 Photogrammetric Measurements

6-18 Availability of Photographs

6-19 Precision and Accuracy

6-20 Classification of Errors

6-21 Theoretical Uncertainty Analysis (TU)

6-22 Errors in Taped Distances

6-23 Errors in Observed Directions

6-24 Reliability of Meridian Observations

6-25 Measurement Evidence to Prove the Proximity of Corners and Their Monuments

6-26 Evidence of Measurement

6-27 Errors in Position of Corners and Lines

6-28 Errors in Traversing

6-29 Uncertainties in Area

6-30 Purpose of Survey Specifications

6-31 Adaptability of Existing Standards

6-32 Uncertainty Expression

6-33 Theoretical Uncertainty

6-34 Value of Property

6-35 Specifications for Location of Property Boundaries

6-36 Size of Properties for Each Class

6-37 Closures

6-38 Adjustment

6-39 Monuments

6-40 Computations

7: Plats as Evidence

7-1 Introduction

7-2 Definition of a Survey Plat

7-3 Types of Plats

7-4 Purpose of Survey Plats

7-5 Features of Plats

7-6 Drawings

7-7 Title of Plat

7-8 Symbols

7-9 Scale

7-10 Indicating Direction

7-11 Basis of Bearings

7-12 Elevation Datum

7-13 Dimensional Data

7-14 Monuments

7-15 Cultural Improvements

7-16 Title Identity

PLATS OF SURVEY RESULTS

7-17 Effect of Plat Showing Survey Results

7-18 Plats with Omitted Information

7-19 Plats of Title Surveys for Title Associations

7-20 Surveyor’s Certificates

7-21 Contents of Plats

ORIGINAL PLATS

7-22 Purpose

7-23 Laws Regulating Platting

7-24 Compilation Plats

7-25 Official Plats

7-26 Private Plats

7-27 Assessor’s and Tax Plats

7-28 Plats as Evidence

7-29 Conflicts between Plat and Field Notes

7-30 Summary

8: Evidence of Water Boundaries

8-1 Introduction

8-2 Determination of Public Title Interest

8-3 Boundaries of Public Trust Waters

8-4 Evidence and Procedures for Tidal Boundaries

8-5 Typical Tidal Datum Determination

8-6 Tidal Waters under Law Departing from Civil and Anglo/American Common Law

8-7 Boundaries of Nontidal Waters: Definitions

8-8 Types of Evidence

8-9 Geomorphological Features

8-10 Changes in Composition of the Soil

8-11 Botanical Evidence

8-12 Hydrological Evidence

8-13 Typical Determination of Ordinary High Water Mark

8-14 Boundaries of Nonpublic Trust Waters

8-15 Changes in Water Boundaries

9: Using Historical Knowledge as Evidence

9-1 Purpose and Scope

9-2 Planned and Indiscriminate Land Conveyancing

9-3 Civilization and Land Ownership: Precolonial Surveys

9-4 Measurement

9-5 Biblical References to Land Surveying

9-6 From the Greeks

9-7 Sovereignty and Ownership

9-8 Feudal Land System

9-9 Livery of Seisin

9-10 Statute of Frauds

9-11 Early Property Surveys in the New World

9-12 Concept of Area

9-13 Concept of Title

SURVEY SYSTEMS OF THE EAST AND SOUTH

9-14 Origin of Title

9-15 Surveys in the Early States

9-16 Subdivision of Ohio Lands

9-17 Prior Land Grants in Louisiana Territory

HISTORY OF PROPERTY OWNERSHIP IN SOUTHWEST

9-18 Lands of Spanish Origin

9-19 Seniority of Titles

9-20 Rights Included with Spanish and Mexican Grants

9-21 Minerals

9-22 Spanish Water Laws

9-23 Road Beds

9-24 Early Settlements

9-25 Ordenanza de Intendentes

9-26 Mexican Land Grants

9-27 Empressario System

9-28 Suits Against the Sovereign

9-29 Instructions to Surveyors

9-30 Survey of Spanish and Mexican Grants

9-31 Gradient Boundary

9-32 Effect of Native Americans

9-33 Early California History

9-34 Resurvey of Land Grants of the Public Domain

9-35 Units of Measurements or Length

9-36 Summary

9-37 The Public Domain or GLO

9-38 Ordinance of 1785

9-39 Prior Surveys

9-40 Geographer of United States

9-41 Beginning Survey of Seven Ranges

9-42 Survey of Seven Ranges

9-43 Ordinance of 1796

9-44 Act of May 10, 1800

9-45 Act of February 11, 1805

9-46 Principal Meridians and Baselines

9-47 Surveyor General

9-48 Instructions to Deputies

9-49 Tiffin’s Instructions

9-50 Later Instructions

9-51 Reorganization of Land Office

9-52 1947 Surveying Instructions

9-53 Manual of 1973

9-54 Rectangular System Protraction Program

9-55 Summary of Public Land Surveys

9-56 Timber Culture Act

9-57 Classification of National Forest Lands

9-58 Land Acquired by Homesteading

9-59 Obtaining Small Tracts within Public Domain

9-60 Land Ownership in Hawaii

9-61 Lands in Alaska

9-62 Court Reports

9-63 Necessity of Legal History

10: Recording and Preserving Evidence

10-1 Scope and Purpose

10-2 Vanishing Evidence

10-3 Degree of Proof Needed

10-4 Perpetuation of Evidence

10-5 Authority to Perpetuate

10-6 Responsibility for Perpetuating Evidence

10-7 Oaths and Witness Evidence

10-8 Identifying Marks on Lines and Monuments

10-9 Recording Documents

10-10 Private Survey Records

10-11 Use of Aerial and Terrestrial Photographs to Preserve Evidence

10-12 Daily Use of Photographs

10-13 Preservation of Evidence

10-14 Video Presentations

10-15 Preservation by State Plane Coordinates

11: Procedures for Locating Boundaries Described by Words

11-1 Introduction

11-2 Boundaries Defined by Written Documents

11-3 Arrangement of Subject Matter and Systematic Procedures in Conducting the Survey

NATURE OF LOCATION SURVEYS

11-4 Definition of Terms and Surveyor’s Functions

11-5 Legal Authority for Regulating Boundary Surveys

11-6 Boundary Surveyor’s Authority

11-7 Fact Finding and Conclusions

CONTACT WITH CLIENTS

11-8 Initial Contact with Client

11-9 Initial Conference with Client

11-10 Contracts with Clients

11.11 Agreements and Disagreements with Clients

RESEARCH OF RECORDS AND DOCUMENTS

11-12 Research Responsibilities

11-13 Documents Used for Boundary Surveys

11-14 Ownership and Location of Land

11-15 Location of Easements

FIELDWORK

11-16 Planning for Fieldwork

11-17 Field Evidence

11-18 Search for Monuments

11-19 Uncalled-For Monuments

11-20 Importance of Possession

11-21 Testimony

11-22 Measurements

11-23 Uncertainty of Position Caused by Measurements

11-24 Permissible Uncertainty of Measurements

11-25 Preservation of Recovered Evidence

11-26 Field Notes

11-27 Assembling Data

COMPILATION OF EVIDENCE

11-28 Computations

11-29 Platting

11-30 Conclusions

PRESENTATION OF RESULTS

11-31 Final Report and Conference with the Client

11-32 Completing the Survey

11-33 Forms of Surveying Results

11-34 Surveyor’s Report

12: Original Surveys and Related Platting Laws

12-1 Contents

12-2 Regulation of Original Surveys

12-3 Original Boundaries

12-4 Former Presurveying Practices

12-5 Objective Platting Laws

12-6 Certainty of Land Location

12-7 Features of Platting Law

12-8 Platting Laws

12-9 Planning Boards

12-10 Considerations of Title

12-11 Title Guarantee

12-12 Boundary Survey

12-13 Requirements for Corner Monumentation

12-14 Density of Monuments

12-15 Use of Coordinates in Subdivisions

12-16 Certification of Survey

12-17 Dedications

12-18 Setbacks

12-19 Recordation

12-20 Examination by Authority

12-21 Presurveys without Recording

12-22 Summary

13: Unwritten Transfers of Land Ownership

13-1 Introduction

13-2 General Concept of Unwritten Conveyances or Rights

13-3 Unwritten Conveyances and Government

13-4 Unwritten Title Supersedes Written Title

13-5 Written Title

ESTOPPEL

13-6 Introduction

13-7 Estoppel by Conduct

UNWRITTEN AGREEMENT

13-8 Unwritten Agreement

13-9 Elements of Unwritten Agreement

13-10 Described Line Known

13-11 Property Line in Dispute

13-12 Adjoining Owners Must Agree

13-13 Practical Location

13-14 Possession Following Agreement

13-15 Recognition and Acquiescence

UNWRITTEN DEDICATION

13-16 Dedication: General

13-17 Dedication and Easement

13-18 Elements of Common-Law Dedications

13-19 Statutory Dedication

13-20 Donor of Dedication

13-21 Location and Description of Dedication

13-22 Expressed Intent to Dedicate

13-23 Implied Intent to Dedicate

13-24 Acceptance of Dedication

13-25 Revoking Offer

13-26 Purpose of Dedication

13-27 Effect of Dedication

13-28 Dedication by Plat

13-29 Prescription

13-30 Adverse Possession

13-31 Historical Concepts of Adverse Possession

13-32 Statutory Character of Adverse Actions

13-33 Burden of Proof

13-34 Character of Title Acquired

13-35 Prescriptive Title

13-36 Effect of Survey on Adverse Rights

13-37 Against Whom Adverse Rights Do Not Run

13-38 Elements of Adverse Rights

13-39 Actual Possession

13-40 Open and Notorious Possession

13-41 Claim of Title

13-42 Continuous Possession

13-43 Hostile Possession

13-44 Exclusive Possession

13-45 Statute of Limitations of Possession

13-46 Color of Title

13-47 Taxes

13-48 Good Faith

13-49 Actual Possession versus Constructive Possession

13-50 Difficulty of Determining Unwritten Rights

13-51 Duties to Unwritten Title Transfers

13-52 Role of the Surveyor in Unwritten Rights

14: Guarantees of Title and Location

14-1 Scope

14-2 Registration of Titles versus Registration of Ownership

14-3 Aids to Title and Location Guarantee

14-4 Title and Possession Guarantees

14-5 Warranty Deed

14-6 Patents

14-7 Chain of Title

14-8 Abstract of Title

14-9 Abstract Companies

14-10 Sources of Abstract Information

14-11 Typical Abstract of Title

14-12 Effect of Abstract of Title

14-13 Abstract and Attorney’s Opinions

14-14 Title Insurance Policy

14-15 Wording of Title Policies

14-16 Title and Location Insurance Policy

14-17 Location Guarantee

14-18 Corrective Instruments

14-19 Torrens Principle of Title Registration

14-20 Characteristics of the Torrens System

14-21 Advantages and Disadvantages of Torrens

14-22 Land Registry in Illinois

14-23 Land Courts

14-24 Massachusetts Land Court

14-25 The Hawaii Land Court

15: Using and Understanding Words in Boundary Descriptions

15-1 Introduction

15-2 Graphic and Written Descriptions

15-3 Subdivision Descriptions

15-4 Metes-and-Bounds Descriptions

15-5 Bounds Descriptions

15-6 Proportionate Conveyances

15-7 Area Described as Being on One Side of a Described Line

15-8 Strip Conveyances

15-9 Area Conveyances

15-10 Linear Conveyances

15-11 Indispensable Parts of a Description

15-12 Objectives When Describing Land

15-13 Sufficiency of Descriptions

15-14 Title Identity

15-15 Senior Rights

15-16 Effect of Loss of Evidence on Location

15-17 Ambiguity

15-18 Mathematical and Legal Correctness and Closure

15-19 Description Based on a Survey

15-20 Desirable Qualities of a Scrivener

15-21 Changing Description Wordings

15-22 Technique of Writing

15-23 Parts of a Description

15-24 Caption

15-25 Body of Description

15-26 Qualifying (Habendum) Clauses

15-27 Senior Rights and Calls for Adjoining Parcels

15-28 Intent of a Description

15-29 Call for a Survey

15-30 Call for Monuments

15-31 Lines

15-32 Straight Lines

15-33 Straight Lines Defined by Monuments

15-34 Straight Lines Defined by Dimension from a Point

15-35 Basis of Bearings for Direction

15-36 Changing the Basis of Bearings

15-37 Azimuth

15-38 Deflection Angles

15-39 Straight Lines Defined by Coordinates

15-40 Directional Calls

15-41 Lines Defined by Geometric Relationships

15-42 Area

15-43 Beginning Point and Ending Point

15-44 Distance of Described Line from Starting Point

15-45 Circular Curved Lines

15-46 Spiral Curve

15-47 Irregular Curves

15-48 Forms Used to Indicate Superior Call

15-49 Strip Conveyances and Stationing

15-50 Abbreviations in Descriptions and Punctuation

15-51 Easements

15-52 Exceptions in Descriptions

15-53 Whole Descriptions

15-54 Whole Descriptions by Referral

15-55 True Metes-and-Bounds Descriptions

15-56 Bounds Form

15-57 Exception Form

15-58 Monument Calls

15-59 Use of Coordinates in Descriptions

15-60 Checklist for Descriptions

15-61 Summary

16: Professional Liability

16-1 Introduction

16-2 Discovery Rule

16-3 Privity of Contract

16-4 Standard of Care

16-5 Negligence versus Breach of Contract

16-6 Expressed and Implied Guarantees

16-7 Trespass Damages

16-8 Avoiding Liability

16-9 Elements of Liability

16-10 Damages

16-11 Liability of an Abstractor

17: Professional Stature

17-1 Contents

17-2 Definition of Profession or Professional

17-3 Attaining Professional Stature

17-4 Attributes of a Profession

17-5 Superior Education in a Field of Knowledge

17-6 Position of Trust

17-7 Gaining Eminence

17-8 Independent Judgment and Liability

17-9 Services to Those Unable to Pay

17-10 Fees

17-11 Ethics

17-12 Surveyor’s Obligations to the Public

17-13 Obligations in Monumenting Boundaries

17-14 Provoking Litigation

17-15 Aiding Unauthorized Surveying Practice

17-16 Qualifications of Surveyors

17-17 Surveyors of Questionable Capabilities

17-18 Surveyor’s Obligations to the Client

17-19 Surveyor’s Obligations to Other Surveyors and the Profession

17-20 Professional Reputation

17-21 Employment

17-22 Discovered Errors

17-23 Review of Another’s Work

17-24 Discredit to the Profession

17-25 Fees

17-26 Advertising

17-27 Ethical and Professional Standards

17-28 Professional Standing of Surveyors

18: The Surveyor in Court

18-1 Introduction

18-2 Pretrial Discovery

18-3 Initial Court Appearance

18-4 Duties of a Surveyor in Court

18-5 Conduct on the Stand

18-6 Object of Litigation

18-7 Surveyor–Attorney Relationship

18-8 Court Trials

18-9 Pretrials

18-10 Types of Court Trials

18-11 Oath, Questions, and Answers

18-12 Direct Examination and Cross-Examination

18-13 Direct and Leading Questions

18-14 Hearsay

18-15 The Jury

18-16 Witnesses

18-17 Lay Witness

18-18 Expert Witness

18-19 Appointment of Expert Witnesses

18-20 Duties of Expert Witnesses

18-21 Opinion Evidence

18-22 Hypothetical Questions

18-23 Cause and Effect

18-24 Textbooks and Treatises

18-25 Use of Photographs

18-26 Power to Compel Expert to Testify

18-27 Cross-Examination of Expert Witness

18-28 Expert Witness Fees

18-29 Amount of Expert Witness Fee Is Subject to Cross-Examination

18-30 Discovery by Interrogatories, Depositions, Admissions, or Production of Documents

18-31 Survey Must Be Done by Surveyor

18-32 Preparation for Testimony

18-33 View of Site by the Court

19: The Surveyor, The Law, and Evidence: A Professional Relationship

19-1 Bryan v Beckley, 16 Ky. 91 (1809)

19-2 Cherry v. Slade, 7 N.C. 3 Mur. 82 (1819)

19-3 Stewart v. Carleton, 31 Mich. 270 (1875)

19-4 Diehl v. Zanger, 39 Mich. 601 (1878)

19-5 Cragin v. Powell, 128 U.S. 691 (1888)

19-6 United States v. Doyle, 468 F.2d 633 (1972)

19-7 Rivers v. Lozeau, 539 So. 2d 1147, Fla. App. 14 Fla. L. Weekly 523 (1989)

19-8 Epilogue

Appendix A: The Surveyor’s Report

Appendix B: Wooden Evidence

CHARCOAL IDENTIFICATION

IDENTIFICATION OF OAK WOODS

THE INFALLIBLE TEST FOR HARDWOOD OR SOFTWOOD

RING COUNT OF DECAYED WOOD MADE EASIER THROUGH FREEZING

Appendix C: The [Quasi-]Judicial Function of Surveyors

RECOVERING LOST CORNERS

EXTINCT CORNERS

THE FACTS OF POSSESSION

FIXING LINES BY ACQUIESCENCE

THE DUTY OF THE SURVEYOR

MEANDER LINES

IRREGULAR WATERCOURSES

MEANDER LINES AND RIPARIAN RIGHTS

QUASIJUDICIAL CAPACITY OF SURVEYORS

Appendix D: Geodaesia

Appendix E: Land Acts That Created The Public Lands

1785

1796

1805

AN ORDINANCE FOR ASCERTAINING THE MODE OF DISPOSING THE LANDS IN THE WESTERN TERRITORY (PASSED MAY 20, 1785)

RESOLUTION OF MAY 12, 1786

LAND ACT OF MAY 18, 1796

ACT OF FEBRUARY 11, 1805, 2 STAT. 313

Index

This book is printed on acid-free paper.

Copyright © 2011 by John Wiley & Sons, Inc. All rights reserved

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Library of Congress Cataloging-in-Publication Data:

Robillard, Walter G. (Walter George), 1930- Evidence and procedures for boundary location / Walter G. Robillard, Donald A. Wilson, Curtis M. Brown. – 6th ed. p. cm. Earlier editions under Curtis M. Brown. Includes index. ISBN 978-0-470-40478-2 (cloth); ISBN 978-0-470-90157-1 (ebk); ISBN 978-0-470-90159-5 (ebk); ISBN 978-0-470-90160-1 (ebk); ISBN 978-0-470-95005-0 (ebk); ISBN 978-0-470-95170-5 (ebk); ISBN 978-0-470-95194-1 (ebk) 1. Boundaries (Estates)–United States. I. Wilson, Donald A., 1941- II. Brown, Curtis M. (Curtis Maitland), 1908- Evidence and procedures for boundary location. III. Title. KF639.B73 2011 346.7304′32–dc22 2010031095

Preface

Seldom do professors require that students read introductions to their textbooks. Over 50 years ago, one of our college professors patterned his entire final examination on the introduction to the textbook we used in his class. The indignation of the students of “having to read” the introduction could be heard across the campus of Syracuse University.

Yet, the introduction or preface should set the tone of the book.

The technical aspects of surveying are becoming more complex, and colleges and universities are having difficulties finding time in already-crowded class schedules to add new courses. As our careers have progressed throughout the years, we have, either by necessity or by demand, created a special area of surveying that is seldom included in courses of studies of those colleges that teach surveying programs—that is, the legal area of surveying.

No longer do young surveyors commence at the bottom of the professional ladder and learn by doing. Today, the trend is toward college-trained individuals filling the ranks of the professional surveyors and, as such, the “hands-on” experience that has made this book so popular is being denied to the students. The technical aspects of surveying are developing more rapidly than are either the legal aspects or the business aspects of the profession. As each of us becomes older, we are cognizant of the fact that we are not immortal. We have asked ourselves the question, “Who will step into our positions, as we stepped in and assumed the position that was vacated by the late Curt Brown?” The answer is, “We don’t know.” We hope some young surveyor will come forth and take up the banner of the well-rounded surveyor of tomorrow—one who possesses the love of the law and sees that technology is but a tool of the surveyor and not a god that must be bowed before and adored before the “altar of technology.”

Walt Robillard Atlanta, Georgia Don Wilson Newfields, New Hampshire

1

INTRODUCTION

1-1 Scope of the Book

In writing any book, authors should have a goal or philosophy as to what it is they wish to accomplish. We have such a philosophy: It is our desire to help the student and the practicing surveyor, as well as those aspiring young people who wish to enter the surveying profession, appreciate some of what we feel are the finer aspects of surveying, that is, the legal aspects as well as that area of the law that relates to and encompasses evidence in all of its aspects.

This is a book about survey evidence and, as such, it is not a book on “how to survey” but what to do with your survey when it is completed and what your clients can expect from your survey. Many consider the surveyor as the individual standing behind a transit or theodolite turning angles or collecting data for a new road or measuring for a new subdivision. This book will have a double focus: First, it is aimed at those students who wish to enter the surveying profession and at those surveyors who locate boundary lines and land parcels or utilize evidence in searching for and locating the footsteps of the earlier surveyors who originally created the parcels or property.