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> I can go to my Boundary law books and find this or that as related to what I am doing . But I dont not look up the court case for it .
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You probably should look up cases from time to time. The more I'm reading the newer versions of the books that are most often used to teach boundary law classes, the more I see examples of where the author is presenting his personal opinion of how the law should be in his view rather than how it really is. I also note that those books appear to be written with the premise that every survey will be reviewed by a court, so the surveyor should leave all of the interpretations and application of law to the judge and just stick to being a gatherer of facts and expert measurer.
The problem with that is it is contrary to our licensing laws, to the laws pertaining to expert witnesses, and to the reality that the courts and the legal professions look to us as the experts at locating boundaries. If we refuse to properly acknowledge the laws and follow the guidance of the courts in locating boundaries, and so locate them in places other than where following the applicable laws would place them, then what good are we doing for the courts, the other real estate and land use related professions, and for the courts. When we do that, we are actually harmful to the courts understanding rather than helpful to it as is the purpose of an expert witness, and we are harmful to the landowners in the potential damage to title and land value that a poorly performed survey can cause.
> Let my focus my question a little tighter : In my initial question I was stating that the articles I read , the author references this case and that case . So what I do not understand how one picks this case over that case and is it correct application . Like a lawyer can pick this case as his defense . Why not reference our standard Boundary law books that we all studied .
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For most situations, there are many cases that will present the applicable principle well, not just one or two landmark cases that render all the others inferior. You find a few cases that address the facts or issues that are present in the problem you're facing, and then refer to the one or ones that state or explain the principles in a way you find most understandable.
Why not just refer to the books? There's times when it is beneficial to do that, but in a lot of instances, what is contained in them is simply another surveyor's opinion of what the courts have told us to do. Courts sometimes look to widely accepted professional texts when it comes to identifying or interpreting practice issues. But when it comes to boundary principles, they go to applicable case law, and choose cases either according to the cites provided to them by the attorneys for the parties, or do as I described above, and find several cases on point and choose the ones that best illustrate the points they wish to make.
If the bodies that have jurisdiction to review and pass judgment on our work in identifying boundaries goes to case law, we should probably study and do our best to follow its guidance as well.
Nice answer now we are getting to the crux of it. can you give me an example of how a recent boundary decision was made based on case law ... that would not have been found in a boundary law book. and if in court defending your survey would you site the court cases or is it up to the courts to discover your methods.
How to pick cases is what controls who wins. As a surveyor you can help the attorney do that. Basically, you look for cases that most closely match your facts. Then search the history of the case to see if it is "good" law. Westlaw uses a system called "keycite" and the traditional method uses "shepards" books (electronic in lexis). Using textbooks is acceptable but you will need cases to present the strongest argument if it goes to court.
