Lucas & Company, LLC

Best Available Evidence V



Best Available Evidence V – 1.5 Contact Hours
The case-in-chief is Bayhouse v. Urquides, Idaho Supreme Court 1909. This is a great and classic case on retracement, best available evidence and the boundary establishments doctrines. As we have seen all too often, a misguided surveyor took it upon himself to “resurvey” the north half of a city block in Boise City, Idaho, and in doing so moved the existing property lines 5-7 feet to the east, overlapping Urquides’ fence enclosure and running through his house. The Opinion dives deep into adverse possession but makes it clear that “landmarks, such as fences, maintained for nearly half a century, coupled with actual occupation for forty years, ought not to be disturbed at the instance of one who has acquiesced therein for the same period of time.” Find out what the best available evidence of the true location of the property boundary line was and ultimately how simple the solution was. This is a 2-Page Letter covering 1 Court Opinion consisting of 10 pages. This 12-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.