Lucas & Company, LLC

Equity Aids the Vigilant, Not Those Who Slumber on Their Rights

Lucas & Company, LLC

Survey Evidence and Procedures

Survey Evidence and Procedures: Half Day or Full Day (Nominally 4.0 or 8.0 Contact Hours)
The two fundamental principles of surveying are: (1) the surveyor is an ‘original surveyor’ laying out new boundary lines in new positions for the very first time, for a common grantor where there is unity of ownership on both sides of the new lines being created; or (2) the surveyor is a ‘retracing surveyor’ finding where the property lines have become established on the ground through the application of the appropriate boundary law principles, where there is diversity of ownership on each side of the line being retraced. In addition to these principles, the determination of any property boundary line is a two-part question: 1. What is the boundary? (the legal title question), and 2. Where is the property located? (the factual location question). The vast majority of boundary surveying work being performed today is retracement surveying as opposed laying out original subdivision lines, and that work can only be successfully accomplished by understanding the legal question while answering the factual question. This means that retracement surveying is an evidentiary exercise and not a math and measurement problem. This program will explore survey evidence and procedures in the retracement context. 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.