Researching Boundary Disputes

start with, "what is your pay scale for my consultation services?"

Ask for an outline of how research is performed...For us it's the assessors office first, then registry...

But also have the candidate explain Jr/Sr rights and how they may effect boundary location, as well as adverse possession and practical location/acquiescence.

Also, ask at what times is an adverse possession claim libel to succeed against the municipality, such as a claim that may have ripened prior to the municipality taking possession...

Clear that the government official has no clue himself, indicated by the the way the question is worded. He needs someone with boundary experience and he needs to ask about where they and under what conditions did they find the most interesting and helpful data that cleared up intent while researching deed documents. Also need to ask what the different goals are between a Land Surveyor and the goals of a Title Office, the answer will reveal much. The person they need will probably be one who will not get along with a bureaucracy well, they need an independent person who will and is allowed to research wherever the hunt leads them. The mention of a consultant above is probably the best way to go, they should be chosen by their experience and knowledge of the area of interest and not by the, one size fits all, attitude.
jud

Frankly, that would be a pretty crappy response to one of my better clients. If that's all you've got to contribute, don't say anything else.

There is so much to this topic and so little time.
I don't think that it can be abtracted into 'do this and do that'.
Field and Court House researh is paramount but also include parole testimony and the rules of evidence. Copurt cases usuallu evolve into "He said He said" matters.
This is a nice text by Donald Wilson that covers much but maybe not enough.
Once again, it all DEPENDS on the partiular dispute and available evidence.

Take a look inside.....
Forensic Investigation

One question I always like to throw at an interviewee would be tailored for this situation as:

"What was your most challenging research project and what made it so challenging?"

or something along those same lines.

Kind of along the lines of: "what was ones biggest success and biggest failure, project wise?" I love to ask that question as the answers usually tell volumes about the interviewee.

How many deeds do you get before going to the field?
What is your level of precalcs before going to the field?
What do you do when you find the property lines do not match at the precalc stage?
What do you do when you find the occupation not matching the legal description?
How far can the monument be off your measurements and you still accept it?
What steps do you follow when finding another surveyor’s monument that does not fit yours?
Explain how you research title when your client does not have a Title Company?
Explain how you research title when your client has a Title Company?
What Title Company would you prefer working with?
How many Lot Line Adjustments have you completed?
How many Boundary Agreements have you completed?
What is the procedure you use to correct a legal description?
Have you ever been in court in a boundary dispute?
Have you ever provided the documents for an eminent domain taking?

Then when it is your turn for the interview, Tommy, you can make the following points:
I would suggest a consulting contract with a Title Company if you don’t already have one so that they are ready and willing to provide any title search and document copies our team needs.
Who at the Department will be handling the negotiations with the other land owner?
What is the Department’s position if the evidence shows the problem to be in the legal description of the property owned by the Department?
How much participation would you like the surveyor (me) to have in resolving the boundary problems?
From my experience, some of the times we are able to meet and come to agreement over the procedure of fixing the problems just reviewing a computed draft. Would your department consider that approach if it seems straight forward enough?

In that context, only one question is needed.

Why research title in order to handle a boundary dispute between complaints of the public and interests of the public?

The answer should tell one whether they have a person who is a born (or nurtured) beauracrat unfit for government employment, or a person that really cares about the competing interests and will do their best to find the truth.

Technical expertise can be gained and lost, but attitude is forever.

> ... what questions he could ask in an interview to show that this surveyor would know how to research title in trying to resolve disputes.

I suggest that you write down step by step instructions for a routine boundary research job. Then have him ask the applicant to describe for his version, and explain the points where the two of you differ. Include exact addresses, room numbers, filing cabinet locations. For bonus points give the names of the staff at the sources. And if source A is a dry hole, where is source B?

Also, it's not enough to just do the research if you can't successfully communicate your findings to the client. I'd like to see a sample report.

I'd like to hear the applicant's explanation of terms like:

• current vesting deed
• chain of title
• hierarchy of calls
• metes and bounds (vs. metes only or bounds only)
• junior / senior rights
• adverse possession
• agreed boundary
• 1320 ft (if in a PLSS state)
• ...
• ...

I hope that you are going to get a chance to be an applicant. If not, why not volunteer to sit in on the interviews?

""handling very minor surveying projects""

It reminds me of an engineer in worked for in college

He would say - "It's not that hard, It's just surveying - All you gotta do is..."

The two State agencies I have worked for have copies of the Title Policies and Deeds in house so that is where you start. We also have copies of a lot of other stuff picked up by various people over the years such as Survey Maps and so on.

Maybe you can volunteer to serve on their interview panel; that would probably be a big help to them. Most government agencies use an interview panel of at least 3 people. Usually two in the field and an HR type person.

My answers could differ greatly depending on the frequency with which the newhire would actually be doing boundary dispute work and the geographical extent involved.

Case 1-- Say this is a somewhat local government office which has something like this two or three times per year. No way are they going to pay who they really need to handle that kind of work to twiddle his thumbs most of the year and do a few simple surveys and simple construction stakings.

Case 2-- Say this is a regional government office that might have two property disputes per month on average. They MIGHT be willing to actually pay who they really need to hire.

Case 3-- Say this is a State-wide government office with property disputes coming up routinely all over the State. They ABSOLUTELY need to hire the best person possible at the salary he/she requires and provide for support staff as well.

In Case 1, the interview needs to include very specific questions as to familiarity with the local sources for research and amount of that specific experience during their professional career.

In Case 2, fewer candidates should be able to provide proof of adequate experience throughout the entire region.

In Case 3, there may only be a handful of such candidates interested in a job with so much travel involved as they have probably already established a profitable consulting firm or are retirees looking for parttime work to supplement their pensions. These candidates need to have many years of experience directly related to boundary resolution under a variety of conditions and circumstances.

Point taken, but I would agree with his scope. In fact, I'm not even sure if the "minor surveying project" require a license.