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Following the Footsteps

By Rodney D. Michael, PLS

In performing a retracement survey, we as surveyors are to regularly revisit such authors as Brown, Eldridge, Robillard,
constantly being put to the difficult test to follow the footsteps Wilson, Skelton, Briscoe, Davis, Foote, and Kelly. These authors
of the original surveyor. We are professional trackers much give concise basic legal principles to be applied in the location
like my Vizsla bird dogs in search of that elusive prize. When of boundaries and you being an expert witness. We must realize
the original monumentation that is called for in the writing that we as surveyors are often the first discoverer of ambiguity,
is found, we as surveyors have an easier task in retracing the dispute, or conflict. Our response and the handling of the
original lines that were marked and run. Our job is not to create matter can set the stage for a successful outcome or potential
new lines that never existed before, but retrace the original ones. conflict. We must never lose sight of the fact that we are bound
by laws, rules and regulations that must be faithfully executed
The evidence of those lines that were originally marked and
run are subject to the elements of time, mans development during our survey. We are not to be swayed by the emotion
and/or an unknowing or knowing person destroying that of the client or a possible ambiguity that one might be able
evidence. We are continually put to the test of making difficult to sneak a decision by on. We should not become impatient
choices and decisions. Our decisions in applying the rules of and try to force an answer. When taking on a new project we
construction, aka “the priority of calls”, can result in increased should always use a careful eye to determine its complexity and
liability and possible litigation. You as the surveyor must decide if we encounter circumstances that may dictate more work, our
if you have gathered all that needs to be examined to guide contract should be written in such a way as to enable us to stop
you to the most probable intent of the work, explain to the client what we have found and what more
original parties. We the surveyor, must needs to be done.
find the best available evidence to It is that amount of research and recovery of evidence
determine the location of the deed necessary to resolve the ambiguities and conflicts to arrive
on the ground. It has been written at a proper boundary determination. The resolution
that it must be the best of that found of conflicts between recovered evidence is one of the
after an extensive and complete most misunderstood problems for we the surveyor.
search of the record, the ground Please remember that hastiness in the recovery of the
and adjoiners is complete. least amount of evidence will most certainly produce a
We must ask ourselves, flawed result. If we are being asked by the client to enjoin in
is additional research something that is not defendable, I suggest that the clause in your
warranted, is additional field contract whereas you can cease representation of that client be
work mandatory and have I executed. I did say contract again, because presumptively
addressed all the questions that we are all using one, it is 2021.
could be raised in a court of law. In weighing all the evidence, we must carefully
The minute you are feeling comfortable and judiciously examine senior rights, calls for
with your decision, I highly suggest putting the a survey, calls for monuments, natural, artificial
project down for twenty-four hours, give it a break and adjoiner, direction or distance, area, and
and revisit your decisions in the morning. If coordinates.
you have a fellow colleague in the office, go
over the more difficult areas and debate if We must also address and show on our plat those
necessary, your decision making and any areas that conflict with the deed, which could be
of the trickier elements. by practical location, acquiescence and/or what
appears to be adverse possession. We will have
When I am faced with a difficult to speak to neighbors and the client to get their
boundary retracement, I feel it important
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EMPIRE STATE SURVEYOR / VOL. 57 • NO 2/ 2021 • MARCH/APRIL 23