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Limiting liability is a legitimate concern for surveyors and for professionals across the spectrum. However, the privilege of professional recognition brings with it a heightened level of responsibility that cannot be avoided by quick disclaimers or clever denials.
In Solo Notes in the March issue of POB, Lee Spurgeon mentioned one of his unforgettable stories from his surveying career. Here is his somewhat fictionalized recounting of the incident, fluffed up a little for entertainment value.
Interpreting the words used is the first – and most critical – of many steps that must be taken in the process of performing a retracement survey of property.
On a recent project, I retraced a 40-year-old survey in order to establish the boundary lines for a partial topographic survey of a 31-acre parcel. There was bad news and good news.
Practical location is one member of a nebulous pantheon of principles (also including acquiescence, agreement, adverse possession and estoppel) by which the courts attempt to fix disputed boundaries on the ground. The original dispute might have been caused by overlapping (or nonexistent) surveys and deeds, or by the inevitable loss of original monumentation over time. One theory holds that practical location may be considered a holdover from a much earlier method of property conveyance, where a potential grantor and grantee would consummate the sale of a parcel by acts on the land itself, rather than by the more modern method of conveyance by writing.
For one surveyor, it can mean simply utilizing the measurements (bearings and distances) in the client’s deed, acquiring a starting point and an azimuth