applying state, federal, & case law

They aren't asking how much you know about that stuff. They are asking about your experience in applying it. I'd recommenend to not overcomplicate the question and keep it straightforeward.

State: I set my bosses corners to his satisfaction. I reported all evidence according to rule.... and he agreed. You could expand greatly on that one.

Fed: I broke down the NW 1/4 of the NW 1/4 of Sec 6. This was based on found original GLO corners per my research, and review of section.... of the 1973 Manual. Again, plenty of room to brag.

Case: None, I'm not a lawyer. Or you could state about any time you've been in court or researched title back to patent. That is a nonsense criteria for an application. You still have to pass the surveyors exam, not the bar exam.

Good luck on all of it!! You're at the right message board for positive input.

Having avoided jail time or even going to court for any violation, except for the defective equipment ticket I received and payed the fine for last year, I apply and have a record of applying State and Federal law well. If I ever find myself in violation of State or Federal law and need an Attorney, I will depend on his knowledge of the interpretations of the law by the Courts obtained from his study's for the BAR examination, experience and research of Case Law required for his being able to continue being an efficient and knowledgeable Attorney.
jud

> Case law. I am stumped. What do they mean? What am I missing? What should I read?

Easy. In Maryland, for example, if you've:

Made a boundary determination based on Junior/Senior Rights, you've applied case law (Bryan's Lessee v Harvey)

Held an uncalled for monument because it had the reputation in the community as marking the corner, you've applied case law (Delphey v Savage)

If you have ever decided to hold the actual location of a road called for as a boundary rather than the courses and distances describing it in a deed, you've applied case law (Whitridge v The Mayor and City Council of Baltimore).

etc...

BTW, about the "Manuals". The processes and concepts in them don't just spring forth fully formed for the forehead of someone at a BLM office; they are the distillation of decades of state and federal case law on boundaries.

Washington's lovely A-F on the App. I am sending you an email.

> Case law. I am stumped. What do they mean? What am I missing? What should I read?

Nowhere in the RCW's, for example, are the elements required to prove adverse possession or an unwritten boundary agreement enumerated. That is case law.

In Washington State report 14 is invaluable - and available online - if more than a bit dated now. Recently Jerry Broadus and the LSAW have published an updated version.

No point in wasting any more time on that application until you know your case law.

If you have ever sorted out a riparian boundary, you have probably bumped in to case law.

It is my understanding that the rules cited in boundary surveying text books come from case law. I look at the 4th Edition of Evidence and Procedures For Boundary Location and after each chapter is a list of references, most of which are court cases.

I look at Jim Simpson's book River & Lake Boundaries and find a list of court cases two pages long with double columns. In the 5th Edition of Brown's Boundary Control and Legal Principles, the footnotes are loaded with references to court cases. These texts as well as Clark's and other treatises try to put the principles outlined in the court cases into words for surveyors to use as guiding principles.

I personally like to read the entire court cases referenced and get a more complete understanding of what Clark, Brown, Simpson and other authors take from these cases. If you have read the 1973 and 2009 BLM Manuals then you see references to court case therein cited. I recommend reading all of them.

Beerlegs.com often has court cases listed. I find this a valuable resource. Just today there was one on dealing with riparian rights. Yesterday there were several cases referenced. I try to read each of these cases in their entirety.

It is my recommendation that boundary surveyors become knowledgeable with the source of the information in the surveying text books; not to become lawyers, but to better understand the guiding principles for boundary determination.

I perceive that half bubble probably understands more case law than he thinks he does.

Jerry

If you have ever proportioned a block of Subdivision Lots you applied case law.

> Case law. I am stumped. What do they mean? What am I missing? What should I read?
>
Don't feel bad. I would venture that the vast majority of land surveyors don't understand the connection between what they do every day (determine boundary locations) and the common (case) law.

The common law doctrines for determining boundary locations are applied every time the surveyor determines a boundary. For some reason, many of the doctrines have been dumbed-down by referring to them as "survey principles." They aren't "principles;" they are the "law."

Surveyors are a bit more familiar with statutory laws (licensing act, subdivision act, etc.) and administrative laws (zoning, ordinances, etc) but aren't taught the direct application of the common law (court cases).

A few states have codified the common law into statute, but they are the rare exception, not the general rule. The common-law doctrines for boundary location are applied in well over 80% of the boundaries a surveyor determines (could actually approach more like 90%-95% or even higher for retracement). The doctrines include the rules of construction, seniority, and contracts (written, oral and implied). (Generally speaking).

JBS

> If you have ever sorted out a riparian boundary, you have probably bumped in to case law.

I'm hearing that in Jeff Foxworthy's voice.

I’m either blind or just too darn old!

I found/saw no mention of the obvious solution!

Look the terms up in your legal dictionary! And, if you do not own one, shame on you! Even the smallest ones include the terms you are interested in!

daw
UH Professor Emeritus