How are boundaries established?

Great concept Nate.

However, I think that you may discover a large consortium of folks who say that boundaries are determined by the owners of the property, and nobody else. Maybe a judge or two at times, but still merely a consequence of owners.

The locations of the boundaries, property descriptions, monumentations are nothing more than a result of somebody else determining where those boundaries exist on the face of the earth, all based on the predetermined boundary that the owners decided to convey.

> Great concept Nate.
>
I like it when people say that to me! (he he he!)

🙂

My OP contains my general condensed opinion of what surveying is.

In practice, I often yield to stuff, or have a good reason to reject it.

N

😉 Apparently they are established in Wisconsin by erecting fences.

By the actions of landowners.

Protractions are an expression of an intent to take action sometime later. Sometimes a LOT later...

;o)
JBS

> How are boundaries established? Most of the time, they are established with monuments.

I disagree. Go out to the piece of land of your choice and pound a couple of monuments in the ground. Have you created a new boundary? Be they iron rods, brass caps, concrete monoliths, or blue gumballs, the answer is no. Measure your guts out. Make a map if you like. Record it. Unless and until other things happen, no boundary.

On the other hand the property owner can create a boundary with the stroke of a pen on a document - but no monuments of any kind.

Boundaries may EXIST, but they are NOT FULLY established!

es·tab·lish (-stblsh)
tr.v. es·tab·lished, es·tab·lish·ing, es·tab·lish·es
1.
a. To set up; found.
b. To bring about; generate: establish goodwill in the neighborhood.
2.
a. To place or settle in a secure position or condition; install: They established me in my own business.
b. To make firm or secure.
3. To cause to be recognized and accepted: a discovery that established his reputation.
4. To introduce and put (a law, for example) into force.
5. To prove the validity or truth of: The defense attorneys established the innocence of the accused.
6. To make a state institution of (a church)

People don't understand deeds, they understand monuments.

STAKE a claim...

Seems to me the truth is variable in the middle of all the opinions. As we all know, parties to the boundaries determine them. However, ask people who they believe determine boundaries, and the second most common answer after "huh?" would be, "well, surveyors do, of course!" People believe they would defer to us. Of course they don't really, when it comes to it. I recently had a hard time explaining to a lawyer/landowner that she and her neighbor determined the boundary, not me, who she was asking to dispute the neighbor's surveyor. I finally convinced her that her neighbor had fully accepted the other surveyor's line and that she would do well to do the same. She wanted about 0.5 foot more, but occupation would have taken about 2.5 feet away, had the neighbor enforced it. However, the neighbor had paid a surveyor good money for his solution and had been standing by it for ten years.

So far, it seems we've gotten one word used in the question (Established) and two other words used in the responses (Created and Determined). These are three words which have completely different meanings and contexts when it comes to boundaries.

Boundaries are Created by a written intent to divide one's estate coupled with a conveyance of one part to another person. There must be two separate estates under two different ownerships. The Boundary, by definition, is located at the furthest extend of the two contiguous estates. The written conveyance creates the boundary.

Boundaries are physically Established on the ground by actions of the landowners. They may locate physical monuments intended to mark the boundaries prior to the conveyance which become the physical manifestation of the boundary at the moment the conveyance is made, thereby establishing the boundary location. If there is never a written conveyance, then the boundary was never created and you're left with meaningless monuments that mark no boundary. They may also be established after the conveyance has created the boundary, by the mutual agreement (expressed or implied) of the landowners manifested by actions which physically locate the boundary. They may also be established by the passive or active representation of one party, coupled with substantial reliance by the other (estoppel).

Boundary Determinations are derived by the application of a legal principle to a particular set of facts. The facts are determined through the gathering and analysis of documentary (deeds, maps, plats, etc.), demonstrative (monuments, improvements, etc.), and testimonial (oral, written or implied) evidence. Boundary determinations are made by professional surveyors, trained in the art of boundary determinations which includes gaining an expertise in the Rules of Evidence, the Rules of Civil Procedure and Real Property Law. When the surveyor's opinion is challenged, the court will follow the same rules over the same ground as the surveyor and will apply the same laws which govern the boundary determination to either confirm or deny the surveyor's opinion.

Each of the three processes above are governed by separate bodies of law: the law of conveyancing, the law of boundaries, and the regulation of the practice of land surveying.

JBS

I like JB's answer, above.

I was not real clear, in the OP, about what I was after, however, to address all the items that we can and should consider, well, that could take a book. And, then a revised version of it! (and of course a 3rd edition!)

The general starting place, is what I posted, and what I usually START with, however, that just gets things drawn into a work order, to hit the job.... from there, it is a trip!!

The main motive of the OP was to get us all thinking about where we begin, where we end up, and how we do it, and the concept that MANY surveyors are falling for the 1st and easy answer, instead of the well thought through application of the many laws, and principles, and theories of boundary determination, which actually results in solid, and non disputable boundaries. ie, differing solutions, have differing VALUES, in relation to the ACTUAL (or theoretical) BEST answer. And justiciable answer!

The main point being, don't fall for the 1st answer.

Nate

And, often, we have to look at the adjoining deeds, and apply the SAME thing to them, as the subject property, so yield an honest application of our duty.
N

Boundaries are established when ........

..............the parcel of separate real property is created.

DGG