Of course it's all sorts of fun and easy to have libelous and slanderous statements without stating your name as author.
[USER=87]@Bill93[/USER] first proposed the idea of training Land Surveyors through Law School which I didn't treat too kindly. Sorry Bill.
I read an article on-line somewhere about a Southern California Law Graduate who is suing her Law School because she says they inflated their employments statistics, including Law Graduates working as burger flippers in their statistics, for example. That combined with reading somewhere that the Law Schools are graduating twice as many Law Graduates as demanded by the legal job market, why couldn't we recruit some of those people? Just a thought, might work.
Most of the principles I recall from Brown are really Deed rules of construction. Those are for interpreting a Deed the first time it is surveyed. After the Deed hits the dirt we should be looking to another set of rules, original boundaries. This doesn't violate the prohibition against control of un-called for monuments because that rule applies to Deed construction, not following the footsteps. When following the footsteps almost everything relevant is admissible. The Parol Evidence Rule is another rule that Land Surveyors have been widely missapplying; it mainly applies to the nature and quality of the estate transferred, not its location. Even then the Parol Evidence Rule is 1 page and the exceptions are 82 pages in Miller & Starr California Real Estate.
What I'm finding is the information is readily available. Early on I focused on reading case law which is good but case law is more like the experience end of training. The Secondary Sources (Legal Encyclopedias and Treatises) are more of the background and foundation plus they are a very good source of case citations.
eapls2708, post: 363685, member: 589 wrote: "Surveyor to verify application of any principles discussed herein by comparison to current statutory and common law prior to application to specific circumstances."
Evan,
May I borrow this quote?
DDSM:good::beer:
Dan B. Robison, post: 363694, member: 34 wrote: Evan,
May I borrow this quote?
DDSM:good::beer:
I was actually thinking about how I will say that in this new book project.
Some of the past National Text efforts tried to create a digest of all the rules because that makes sense when everything is in a library full of books. It is more efficient. You only need to buy one book.
One of the first secondary sources of law was Blackstone's Commentaries (18th century). It was a boon to the legal industry in the new world because it was only four books which you could carry on horseback (as opposed to the huge libraries of cases they had). It was efficient but it did probably simplify and distill quite a bit. Cheap and easy to carry. I have the ABA abridged version. Let me tell you, reading 18th century English real property law is a slog, it was very complex.
But now with everything "in the computer" (if it's in the computer, it can't be wrong, just so you know) legal materials are much more readily available. So get copies of the sections of your State's treatises that are relevant to your practice and read them.
WGD, post: 363406, member: 8001 wrote: Go watch the 30 for 30 "Fantastic Lies" on ESPN.....
There's certainly surveyors out there that I would love to strangle and there's probably someone out there that at some point wanted to strangle me. But, I thought it profoundly ironic that the author, a journalist, cried about another profession not being held accountable for their actions. Imagine if surveyors were able to withhold their sources......
I am required by law to put my signature and seal on every page of any document I generate as a result of a land survey. And this guy can't even print his name as the author? I think there exist some poor surveyors out there that do poor work and are negligent, but by and large, I think Surveyors have more honesty and integrity than most other professions. (I know I may be biased).
original article was republished from here:
http://www.usobserver.com/archive/march-16/monuments-move-landowners-lose.htm
By Will Goode
Investigative Reporter
from the footnotes:
Will Goode is an investigative reporter for Independent News International, World Report who is willing to tackle difficult issues even though not politically correct. He can be contacted through the Editor, Pat Shannan at www.iniworldreport.com.
EditorÛªs Note: There is another reason that unethical surveyors record fraudulent surveys and that is because they are paid to knowingly do so. We will address this more as it relates to the Walker case in the near future.
Anyone with information on those involved in the Walker case or fraudulent surveying in general is urged to contact Edward Snook at 541-474-7885 or by email to [email protected].
Are you losing your property because of bad surveying? Have you been defrauded? Call us ÛÒ we just might be able to help you.
Thanks for tracking that down Peter.