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RE: original monuments

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vasurvey3004
(@vasurvey3004)
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@jitterboogie Indeed.?ÿ My hope is the next generation can or be willing to understand "land surveying" much more than measurements.

A Land Surveyor is supposed to be a learned professional.?ÿ One whose knowledge of boundary law, case doctrine, local customs, the science of measuring, etc., is relied on by property owners, local government, attorneys, title companies, and judges in determining?ÿ limits of ownership.?ÿ Which is a matter of law.

A land surveyor's authority is to determine the boundaries which are a matter of fact.

It's the surveyor's responsibility to research those matters of law in order make a determination of the matters of fact.?ÿ And when those two are in conflict show the findings and an opinion backed up by the evidence of fact.

That's not to say that the evidence you hold will agree with the matter of law.?ÿ?ÿ

Matters of Law are at the discretion of the court. Matters of fact our a surveyors domain.

?ÿMatters of fact do not absolve a surveyor of his responsibilities in making a determination on the boundaries, on the basis of a matter of law.?ÿ While not?ÿ determining ownership or title.

Which has become too common today, when surveyors tell their clients "I don't know, it's up to a Judge or attorney to figure out" it is detrimental to our profession. But sometimes that is the case. The "pin-cushion" is also a detriment, but sometimes cannot be avoided. However a prudent surveyor should always offer a solution or mediation between parties prior to a recommendation of litigation.

Land Surveying is more law, people, and emotions than measurements!

?ÿ

My two cents.


 
Posted : August 4, 2021 10:22 pm