Reviewing Surveys~The Good, the Bad and the

Ugly~

International Right of Way AssociationAtlanta, Georgia

June 14, 2011

Presented by Shawn Wilson, MAIand

Gary R. Kent, PLS

• Surveyors generally do NOT “determine” boundaries. • They provide a “professional opinion.”• It is not necessarily “correct”• Appraisals

Boundary Surveying is part…• Science• Art• and mostly Law

“Why can’t two Surveyors ever agree??”

There are pre-existing conditions and unavoidable circumstances that Surveyors must deal with on every survey…

• Reference Monumentation• Record Documents• Possession/Occupation• Measurements ?

?

Uncertainties occur as a result of

Reference Monumentation

• Uncertain reference monuments• Conflicting reference monuments• Indeterminate reference monuments

Record Documents

• Deeds that do not close• Plats and deeds with errors• Deed gaps and overlaps with

adjoiners

• Conflicts will occur in the records and this is not unusual or unexpected

Occupation and Possession

• Fences in conflict with record lines• Potential encroachments• Other evidence of possession

Uncertainty in Measurements

• Angles• Distances• GPS

Uncertainty in Measurements

• The only uncertainty that surveyors have any control over

• Often the smallest of the uncertainties

• Yet – it cannot be eliminated

4 Types of Uncertainty

The first 3 relate to evidentiary issues – How do we interpret the evidence and where do we want to place the lines and corners?

The last has to do with how accurately we can mark and describe those locations

The Bottom Line

Different surveyors grappling with

similar conditions, evidence and

facts, and using the same

equipment, will inevitably arrive at

different answers.

A Story…

How you can use this in your job.

Description Fundamentals

What are we striving for?“

The purpose of a legal description is to describe the size, shape and location of a unique parcel of real estate

“Sufficiency”

A legal description is considered sufficient if a competent surveyor can locate it on the ground

Parts of a Land Description

– Caption– Body– Qualifications/Exceptions

Caption

– Gives general location– Limits Title– Not all descriptions have or need

a caption

Body

– Gives specific location

Qualifications/Exceptions

– Give careful consideration to what belongs here from a Surveying standpoint!

Types of Legal Descriptions

Metes and Bounds

Types of Legal Descriptions

Aliquot Part

Types of Legal Descriptions

Bounds

Types of Legal Descriptions

Lot/Block (Description by Reference)

Types of Legal Descriptions

Strip Descriptions

Excellent for use with linear-type easements

Types of Legal Descriptions

Area Descriptions

Types of Legal Descriptions

Quasi-Metes and Bounds

• Division Line• Proportional Parts• Linear

Problematic Descriptions

Exceptions

Be careful in the use of exceptions to exceptions; if there are two exceptions, use… “Except; however …” followed by “Also, except, …” For subsequent exceptions

Problematic Descriptions

Comments?

Questions?

Stories?

A survey is not just a “drawing…”

Engage the surveyor with…

• Questions

• Your Critical Issues (address at the front end if possible)

Be an Informed User of Surveying Services…

• Value engineering

• Scope of Work

• Standards

• Caveat Emptor

Basic Checklist

Review of Right of Way Acquisition Descriptions and Maps/Surveys

See Page 16 in Handout 

Communicating with the Surveyor

• Surveyors are generally not people-persons!• Make the questions relevant so the answers are meaningful

Communicating with the Surveyor

• Questions to ask• Would another surveyor get the same answer?• If they would differ? By how much?

 

Questions? Comments?