Reviewing Surveys ~The Good, the Bad and the Ugly~ International Right of Way Association

1. 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

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

3. Boundary Surveying is part… Science Art and mostly Law

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

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

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

8. Reference Monumentation • Uncertain reference monuments • Conflicting reference monuments • Indeterminate reference monuments

9. 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

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

11. Uncertainty in Measurements • Angles • Distances • GPS

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

13. 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

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

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

16. 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

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

18. Parts of a Land Description Caption Body Qualifications/Exceptions

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

20. Body Gives specific location

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

22. Types of Legal Descriptions Metes and Bounds

23. Types of Legal Descriptions Aliquot Part

24. Types of Legal Descriptions Bounds

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

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

27. Types of Legal Descriptions Area Descriptions

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

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

32. Problematic Descriptions Comments? Questions? Stories?

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

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

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

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

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

39. Questions? Comments?