Kentucky GIS Conference September 30, 2013

 Context  Definitions  Retracement  Surveyor as “Detective”  History  Ancient Development  Common Law and Statutory Law  Technology  Evidence and Procedures  Common Law  Statutory Law  Colonial and Public Lands Systems  Conflicting elements in Boundary Location  Summary  The more things change, the more they stay the same!

 Definition  Science and art of determining relative positions of points above, on or beneath the surface of the earth, or establishing such points.  In a more specific real property sense, means and includes any services requiring the determination or location of land boundaries (including their subdivision) and land boundary corners and incidental topography and the preparation of maps.  Boundary Surveying  Research and analysis  Field work and data acquisition  Computation or data processing  Mapping or data representation (description)  Stakeout  Retracement  Follow the “footsteps” of the original surveyor

 Greeks advanced theory and technology ▪ Geometry and the “Diopter”  “Cursed be he that removeth his neighbor’s landmark. And all people shall say Amen.” Deut. 27:17  Romans continued advancement and spread knowledge thorough-out the empire ▪ Into France and England ▪ Arabs maintained knowledge base during “Dark Ages”  We inherit our system primarily from the British  We operate within a system of Rules ▪ Common Law ▪ Statutory Law The oldest historical records indicate the beginnings of surveying originated in ancient Egypt (about 1400 B.C.) in a division of lands for the purpose of taxation.

 Over time the tools improve  Science of measurement is an inexact science  Better understanding of errors and error theory  Random and Systematic Errors

 Common Law  Unwritten (Case Law)  Case Law introduced and affirmed over and over may become Common Law  Same weight as statutory  Statutory Law  Written  1 st and 14 th Amendments  Critical Roles  Application – Surveyor ▪ Surveyor must have understanding of both Common and Statutory Law  Interpretation – Legal ▪ Lawyers and Judges

 Colonial  13 Colonies and Texas  Patents and Grants ▪ Generated $’s and created means to pay for military service  Metes and Bounds ▪ First come first served ▪ Yielded irregular shaped parcels with gaps and overlaps ▪ Junior and Senior rights apply  Public Lands  Rectangular or Government  Seven Ranges Survey (1785)

 Colonial  1792 – KY created from a County of VA and granted statehood  1797 – Act of 1797 – Gave 10 months to hear cases then declared all titles “good”  All title ultimately vested in the Commonwealth  Metes and Bounds ▪ All of KY except for extreme Western portion of state ▪ Purchase Area – Rectangular but NOT truly Public Lands  Statutory Law  KRS 100 – Planning & Zoning Law  KRS 322 – Registration Law ▪ Legal role of Surveyor ▪ Privileges ▪ Recognition (Expert Witness) ▪ Responsibilities ▪ Liability for errors

 Boundary is imaginary  A legal abstraction  Written description (Deed) is evidence of a Boundary  Ownership is a collection (bundle) of rights  Order of Importance of Conflicting Elements that Determine a Boundary Location:  An unwritten right  Senior right  Written intention of the parties: ▪ Call for a survey ▪ Monuments ▪ Distance ▪ Direction ▪ Area ▪ Coordinates

 Tools and data sources change rapidly  Laws evolve slowly over time  For the Surveyor much is still the same…  Research ▪ Deeds/Plats (Clerk’s Office) ▪ Subject property and adjoiners ▪ Ownership (PVA) ▪ Subject property and adjoiners ▪ Parole Evidence  Field Survey  Computations/Boundary Resolution ▪ Cogo ▪ Aerial, Topo, Historical Maps, Highway Plans, etc. ▪ Determine Boundary Location and Identify conflicts and report conflicts to client ▪ Surveyor ‘s job is APPLICATION of the Law, NOT INTERPRETATION  Stakeout  The Surveyor’s Quasi-Judicial Role  Toga and sandals to GPS surveys and CAD/GIS  The History “Detective”