Lucas & Company, LLC

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

Lucas & Company, LLC

Apportionment Rule II

$37.50

Description

Apportionment Rule II – 1.5 Contact Hours
The case-in-chief is Evers v. Watkins, Illinois Court of Appeals 1979. The typical apportionment case the land surveyor encounters is when a block in a subdivision is either long or short as compared to the platted dimensions. In this case the block is short by “13 or 14 inches.” Based on what many surveyors feel is standard operating procedure, the surveyor “readjusted the location of the boundaries of the block on his survey and apportioned the deficiencies between his measurements and the original plat among the several lots on a pro rata basis. He thereafter claimed to be able to calculate that the fence erected by defendant encroached on plaintiffs’ property by approximately 10 inches and that the boundary line bisected the tree.” Was this the appropriate procedure under the circumstances of the case? Could a judge sitting on a bench make the same determination as the land surveyor? What did the judge decide in this case? This is a 2-Page Letter covering 1 Court Opinion consisting of 3 pages. This 5-Page document has a 10-Question examination based on the text of the newsletter and the case-in-chief.

OBJECTIVES: To enhance professional competency and improve practitioner’s knowledge of the law as it relates to the practice of land surveying.