How to Make a Boundary Determination
How to Make a Boundary Determination that Will Win in Court – Half Day or Full Day (Nominally 4.0 or 8.0 Contact Hours)
Should you find yourself in court defending your map of survey or your opinion on the location of the property boundaries, what are the important issues to know and understand to make a boundary determination that will win in court? What are the evidence standards that will be applied, the standard of care for professional surveyors in court, and what is the criterion for boundary determinations? This course is a study of the relevant evidence standards, different types of evidence, the standard of care, and explores the process of rendering a well-reasoned opinion on the only question that is within the purview of the retracing surveyor—the location question. The importance of deeds and the role they have in boundary determination, the interpretation of deeds, finding intent, and how and when the boundary establishment doctrines come into play. The “Ultimate Issue Rule” will be discussed and its importance relative boundary determinations and liability. If you eventually find yourself in court over a boundary dispute, losing in court is not an option. The boundary surveyor who has rendered a well-reasoned opinion on the boundaries based on the law and the facts, is in a much better position to win in court than the surveyor who simply applied math and measurements, setting out new lines and corners in places where they have never existed before; in essence, upsetting the status quo. Power Point Presentation.
OBJECTIVES: To enhance professional competency and improve practitioner’s knowledge of the law as it relates to the practice of land surveying.