Corners and evidence...

This is from the BLM Glossary: COLLATERAL EVIDENCE (CADASTRAL SURVEY) – Such things as acts and testimony of interested landowners, competent surveyors, other qualified local authorities or some acceptable record evidence that may be used along with other evidence in identifying the true original position of a corner.

In my extremely limited experience, this term shows up most often in connection with parol evidence.

I think maybe "interdependent corner" is not an official term in the sense you seem to mean. The phrase occurs here and there, as in Robillard & Wilson, usually plural, denoting corners whose measured relationship is of record or of recent determination.

Cheers,
Henry

Thanks, this really helped!

Cheers,

Any CFedS out there?

Henry nailed the definition on the head. A good description I found of collateral evidence was in 1975 BLM Case Book which says “Collateral evidence in surveying is similar to circumstantial evidence in law (by itself, it is insufficient; but an abundance of it is conclusive)”.

The CFedS course gives 6 types of collateral evidence:

Testimony: Pretty straight forward, “the original location of a corner may be recovered at a position pointed out by a person who saw the original corner or has reason to know its location…Weight will be given to testimony according to its completeness, its agreement with the original survey, and the steps taken to preserve the original location. Such evidence must be tested and confirmed by relating it to known original corners and other calls of the original field notes.” Testimony is an example of corroborative evidence and is necessary in direct proportion to the uncertainty of the statements given. A good example of testimony evidence is in USA v. Citko (follow the link to the case text: http://www.cfeds.org/docs/sml/Citko.pdf), read the testimony of Mr. Kawalkowski on pages 5 and 6.

Records: What you are looking for here is an uninterrupted chain of history from the original survey evidence to what is now located at the position, this can also include aerial photography. Records are not just recorded surveys, they can also be found at logging companies, railroads, historical societies, libraries, archives centers, federal, state, county, city, or private agencies.
Common Usage: This is where there is a common practice of certain features being placed along section lines, such as roads and fences. There should be no better evidence to the contrary and other collateral evidence should be used to support a position based on common usage. A common usage position should not superseded evidence of a higher order.

Topography: Well defined topographic features may be an option in reestablishing corners. Be sure that when using topographic calls the results is a single definite location, is not contradicted by evidence of a higher order or by other topographic calls, there should be only one reasonable interpretation of the feature; the top of a gradual hill will not provide only one reasonable interpretation but a high rock bluff would. This is especially important when you are trying to isolate a blunder in the original survey.

Occupation: Along the same lines as common usage, but where there has been long continued occupation, there is no other evidence to substantiate a position, and proportionate positions are in substantial disagreement with the original notes and local conditions, then there MAY be reason for occupation to show satisfactory evidence of the original boundary.

Measurements: The surveyor’s specialty, ranking and comparing evidence, keeping in mind the hierarchy of calls. Using measurements and evaluating their relationship between known monuments as collateral evidence of a corner position.

Hope that helps,

Robert

Excellent stuff, Robert! Thanks for all the help, that sure cleared a lot of things.