Reviewing Surveys ~The Good, the Bad and the Ugly~ International Right of Way Association Atlanta, Georgia June 14, 2011 Presented by Shawn Wilson, MAI and Gary R. Kent, PLS

Surveyors generally do NOT “determine” boundaries. They provide a “professional opinion.” It is not necessarily “correct” Appraisals

Boundary Surveying is part… Science Art and mostly Law

“Why can’t two Surveyors ever agree??”

There are pre-existing conditions and unavoidable circumstances that Surveyors must deal with on every survey…

Reference Monumentation Record Documents Possession/Occupation Measurements ? ? Uncertainties occur as a result of

Reference Monumentation Uncertain reference monuments Conflicting reference monuments Indeterminate reference monuments

Record Documents Deeds that do not close Plats and deeds with errors Deed gaps and overlaps with adjoiners Conflicts will occur in the records and this is not unusual or unexpected

Occupation and Possession Fences in conflict with record lines Potential encroachments Other evidence of possession

Uncertainty in Measurements Angles Distances GPS

Uncertainty in Measurements The only uncertainty that surveyors have any control over Often the smallest of the uncertainties Yet – it cannot be eliminated

4 Types of Uncertainty The first 3 relate to evidentiary issues – How do we interpret the evidence and where do we want to place the lines and corners? The last has to do with how accurately we can mark and describe those locations

The Bottom Line Different surveyors grappling with similar conditions, evidence and facts, and using the same equipment, will inevitably arrive at different answers.

A Story… How you can use this in your job.

Description Fundamentals What are we striving for?“ The purpose of a legal description is to describe the size, shape and location of a unique parcel of real estate

“Sufficiency” A legal description is considered sufficient if a competent surveyor can locate it on the ground

Parts of a Land Description –Caption –Body –Qualifications/Exceptions

Caption –Gives general location –Limits Title –Not all descriptions have or need a caption

Body –Gives specific location

Qualifications/Exceptions –Give careful consideration to what belongs here from a Surveying standpoint!

Types of Legal Descriptions Metes and Bounds

Types of Legal Descriptions Aliquot Part

Types of Legal Descriptions Bounds

Types of Legal Descriptions Lot/Block (Description by Reference)

Types of Legal Descriptions Strip Descriptions Excellent for use with linear-type easements

Types of Legal Descriptions Area Descriptions

Types of Legal Descriptions Quasi-Metes and Bounds Division Line Proportional Parts Linear

Problematic Descriptions Exceptions Be careful in the use of exceptions to exceptions; i f there are two exceptions, use… “Except; however …” followed by “Also, except, …” For subsequent exceptions

Problematic Descriptions Comments? Questions? Stories?

A survey is not just a “drawing…” Engage the surveyor with… Questions Your Critical Issues (address at the front end if possible)

Be an Informed User of Surveying Services… Value engineering Scope of Work Standards Caveat Emptor

Basic Checklist Review of Right of Way Acquisition Descriptions and Maps/Surveys See Page 16 in Handout

Communicating with the Surveyor Surveyors are generally not people- persons! Make the questions relevant so the answers are meaningful

Communicating with the Surveyor Questions to ask Would another surveyor get the same answer? If they would differ? By how much?

Questions? Comments?