Principles Of Surveying

Question 1

What are the five principles of boundary retracement?

Answer 1

1. Follow the intent of tge boundary location as
   evidenced on by the record.
2. Follow the documented records of the land title affecting the property.
3. Follow the footsteps of the original surveyor.
   i.e.: There can only be one original survey that creates the boundary.
4. Respect Junior/Senior Rights for boundary retracement.
5. Respect the proper application of the Priority Of Calls and applicable statutory case law.

[ I. R. F. J/S. P. ]

NOTES:
Research the record documents.
Find the evidence left behind in the earth that is referenced in those original documents and build your survey based on (1) record documents and (2) physical location of monuments referenced in those documents.

Question 2

In terms of boundary relocation, five things that land surveyors do are:

1. Locate ____________ ____________
2. Locare ____________ __ ____________
3. Locate _________ __ ___ ________ __ ________
4. Locate ____________
5. Locate and describe _______ __ __________

Answer 2

1. Title Boundary
2. Limits of Possession
3. Limits of the Record of Field Data
4. Improvements
5. Rights in Property

[ TB. LP. LRFD. I. RP. ]

Question 3

Three Phases of Retracement Survey:

1. Collect and analyze the _________ _________
2. Perform a _________ _________ to search for the evidence on the ground
3. Harmonize the _________ to form one opinion

Answer 3

1. Record Evidence
2. Field Survey
3. Evidence

NOTES:

(1. ) Ex: Surveys, survey plats, survey reports, deeds, patents, easements, etc. i.e. Written record. Left behind by: previous owners of property, original surveyor, and any previous retracement surveyor.
(2. ) Search for any evidence left behind by the original surveyor or other resurveyors. Looking for any evidence called for or referenced in any documents. Search for lines of possession and occupation. What was surveyed and what the owner is occupying to may be different.
(3. ) There may be conflicts. i.e. Between neighboring properties and between evidence inside your property.

Question 4

A good way to remember Junior/Senior Rights is “_______ __ _______ , _______ __ _______”.

Answer 4

“First in Time, First in Right”

i.e. You can’t sell what you don’t own.

Question 5

Simultaneous conveyances are typically located in ____________ ____________.

Answer 5

Platted Subdivisions

NOTES:
• NEVER proportion ROW, streets, or alleys.
• If there is an overlap in lots of the subdivision, neither property is senior. Simultaneous parcels do not have Junior/Senior Rights. Blunders exist. There is no such thing as a perfect block.
• Look for blunders first.
• Then compare the record bearing/distances to compute new values, creating proportion to determine ownership.
• When record and measure don’t match and no blunder exists, we proportion. But proportion lots only… NEVER the streets.

Question 6

Surveyors proportion the ________ , NEVER ________ , ________ , or ________ .

Answer 6

Lots
ROW
Streets
Alleys

NOTES:
NEVER proportion ROW, streets, or alleys.
QUESTION ON THE EXAM!!

Question 7

According to the US Supreme Court, in what instance can the original survey be voided or resurveyed?

________ ________

Answer 7

Gross Error

NOTES:
• Once recorded, the original survey cannot be modified.
• It is not your (or the court’s or attorney’s) responsibility to “correct” an “error” in the original survey.
• Merely because an original survey’s angles and distances do not harmonize with your own measurements does not indicate a blunder.
• Report the discrepancies but do not disregard or correct. Use “DEED CALL”.

Question 8

The two types of documents are __________ and __________ created documents.

Answer 8

1. Surveyor
2. Owner

NOTES:
1.) • Survey plat.
• Survey report.
• Surveyor-written land description.
• Instructions given to surveyors.
• Any prior surveys.
• Field notes.
• Monuments on the ground. (Referenced in the document & evidence on the ground).
• Produced items as plat or map.
• Locate all necessary documents (patents, easements, deeds, etc. as far back as needed). When in doubt, do more research. Find the desprepancy/error… DO NOT FIX IT.

2.) • Patents.
• Deeds.
• Easements.
• Conveyances, etc.

Question 9

What are three “typical conflicts” in land boundaries?

Answer 9

1. Legal description in the deed has changed.
2. Original survey and re-survey don’t match.
3. Multiple monumented corner (pin cushion corner).

NOTES:

1. ) The legal description in the deed has changed. If all re-surveys are different, go back to the original survey and you may have to write another different legal description.
2. ) Ex: Differences in bearings, angles, and distances in monuments. Go bacn to original survey. Perform a re-survey based on original survey. Original survey controls if direct conflict exists.
3. ) Perform survey on all other corners and save this one for last if possible. Harmonize the evidence, can you distinguish one from all others, use it or use least squares analysis to determine most probably value. Set your own (HORRIBLE idea). Choose or set

Question 10

Follow the intent of the boundary as __________ by the __________ .

Answer 10

1. Evidenced
2. Record

NOTES:
“In determining the locality of a boundary line, the inquiry is, where was it, in fact, located? And not, where it ought to have been located.”
Evans vs. Foster, et al. (79 Tex. 48, 1890)
• What is the intent of the parties and how do I determine that intent?
• Follow the intent of the written documents NOT the intent of the grantor or grantee.

Question 11

What are the four considerations regarding Parol Testimony?

Answer 11

1. USEFUL: The testimony should advance the surveyor’s efforts.
2. ACCEPTABLE: The testimony must be of a source and circumstance that testimony would, more likely than not, be used by other competent surveyors in the same or similar situation.
3. ADMISSIBLE: The testimony cannot form the surveyor’s opinion of the survey, only clarify.
4. CREDIBLE: Credibility doesn’t prevent the info from being accepted as evidence. Credibility affects how the info is perceived by the judge, jury, arbiter, etc. Lack of credibilty is the most common deficiency used by surveyors.

[ U. A. A. C. ]

NOTES:
Three elements involved in determining Credibility:
1.) UNAFFECTED: Person making the statement would be unaffected by the outcome.
2.) BASIS FOR KNOWLEDGE: Must be sufficient to “sear” knowledge into memory.
3.) IMPARTIAL: Memory formed of recounted must be unbiased.