POBOnline
  Home
  Advertise
  Subscribe
  RPLS.com Community
  eNews Subscription
  eNews Archive
  Subscription Customer Service
  Online Updates
  Latest News
  Calendar of Events
  Call for Papers
  Webinars
  On the Money Podcasts
  Fun + Games
  New Products
  Association Headlines
  Current Issue
  Cover Story
  Features
  Columns
  Resources
  Archives
  Career Center
  Classified Ads
  Classified Listings
  Digital Edition Archives
  Distance Education
  Geo Locator Buyers Guide
  Industry Links
  Product Showcase
  Market Research
  POB Store
  POB Info
  Special Collections
  GIAA Mailbag/Tool Tips
  GPS Observer Series
  Site Prep
  Surveying GIS
  Surveyor + the Law
Search in: EditorialProductsCompanies
Opinion: There’s No Such Thing as "the Client’s" Line
by Maurice L. Schumann
February 23, 2010

ARTICLE TOOLS
EmailEmailPrintPrintReprintsReprintsshareShare



Why might a surveyor be in a quandary when confronted by a potential client? Let's listen in on some of the statements so often heard from likely clients.

I want to know where my property line is.

Just show me where my line is.

Just survey what my deed says I own.

I only want to claim what is mine.

How often, if ever, has a potential client asked a surveyor, “Would you show me, and mark on the ground, where the lines are which separate my property from that of my neighbors’?”

A remarkable difference is noticed. What makes it so? It is the language. It is the choice of words.

Many years ago, while attending college pursuing my engineering degree, I participated in a class in anthropology—that science which is both social as well as physical. During a lecture, the instructor stated, “You cannot think without a language.” The corollary is, “Your language reflects your thinking.” When a client bases his statements on modifiers my and mine and subjects and objects I and me, that language refers to him or her only. The words do not infer or indicate inclusion of anyone else. If the words in surveyor’s response include neighbors and adjoiners, reality and facts are more closely reflected in the language.

It is the question never asked on which the surveyor must focus on and concentrate. There is no such thing as my line. All boundaries separate interests in land, one-from-the-other, at minimum two. As a consequence, how is it possible for a surveyor to determine only his client’s boundaries?

A survey monument placed to mark a property corner, if located correctly, is partly on one side of the line and partly on the other. Again, how is it possible to just mark only the client’s boundaries? To date, I’ve yet to see a half survey monument cap, a half rebar or half pipe—not to mention the fractions, third, quarter, etc. There just isn’t any such thing because there just isn’t only a client’s boundary. It is always a demarcation that designates the extremity of the client’s interest from that of his or her neighbors.

From a legal perspective—actually a societal one because law is the set of rules by which a society regulates itself—laws place a responsibility upon surveyors. In Colorado, it is dictated by:

12-25-201. General provisions.
In order to safeguard life, health, and property and to promote the public welfare, the practice of professional land surveying in Colorado is hereby declared to be subject to regulation…

The important words in this statute are safeguard, property and public. In no case is it stated a surveyor should safeguard only his client’s property. It is stated safeguard property. Because of the lack of any contradicting qualifiers, this would have to be interpreted all property, a client’s as well as his or her neighbor’s. The word public further clarifies the statute’s intention. It is the public’s welfare that is to be promoted, not just a client’s.

A quandary? Yes, if the potential client does not comprehend, or insists because he or she is paying, that the line to be surveyed is not just his or hers. No, if the client is knowledgeable and understands boundaries are those lines where interests in land change to that of his or her neighbors. It is a surveyor’s responsibility to inform his or her client about this and to conduct the survey accordingly.

In Jewish scripture from a long time ago, Deuteronomy 27:17, Moses speaks to the people: “Cursed be he that removeth his neighbor’s landmark.” Only the neighbor is mentioned—there is nothing in this statement about I, me, my or mine!


**************

What do you think? Please share your comments below.


Maurice L. Schumann
Maurice Schumann is a licensed land surveyor in Colorado.

|PrintEmail
  Comments (2)Post a Comment
Title: "my line-boundaries


this article is so true, but it also should require the surveyor to make this comment tothe client-that not only is his line to be determined, but the boundary line that separates him from his neighbor-that is what is important..

By educating the client this way, using a friendly manner, the client canthen appreciate all that the surveyor does-and gain a better understanding.


Title: my line boundaries


been doing surveys for over 40 years now and have always done my best to give the client the respect that they deserve, it may take the form of education in property rights or sometimes just explaing to them what we are really doing when we establish their property lines, as was referenced in the Colorado we have a duty to serve the public in the field that we are trained in so if a client wants to refer to the survey that they are paying for as (THEIR SURVEY) I do not have a problem with that.


 

No HTML or BBCode in comments please.
 


Did you enjoy this article? Click here to subscribe to the magazine.














BNP Media
© 2010 BNP Media. All rights reserved. | Privacy Policy