SUMMER 2014 THE OFFICIAL PUBLICATION OF THE TENNESSEE ASSOCIATION OF PROFESSIONAL SURVEYORS RELATIONSHIPS. Who you know What you know

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1 SUMMER 2014 THE OFFICIAL PUBLICATION OF THE TENNESSEE ASSOCIATION OF PROFESSIONAL SURVEYORS RELATIONSHIPS Who you know What you know

2 TENNESSEE ASSOCIATION OF PROFESSIONAL SURVEYORS SUMMER 2014 Tennessee Association of Professional Surveyors 607 W. Due West Avenue, Suite 96 Madison, TN Fax: THE TENNESSEE SURVEYOR is published four times a year: January, April, July and October, by the Tennessee Association of Professional Surveyors (TAPS). Opinions expressed by individual authors are not necessarily endorsed by the officers or Board of TAPS or the editors of this publication. Articles may be reprinted with due credit given to the author unless otherwise indicated at the beginning or end of the article. ADDRESS CHANGES AND GENERAL BUSINESS All notification for editorial matters, changes of address, membership inquiries and general TAPS business correspondence should be directed to Lori Medley, Executive Secretary, at the above address. CONTRIBUTIONS OF MATERIAL The Tennessee Surveyor welcomes contributions of articles and comments for publication. The editors would appreciate submittals to be typewritten, double spaced, and preferably only seven paragraphs long (each paragraph should have a maximum of five or six sentences). The editors of The Tennessee Surveyor reserve the right to edit (after author notification) each article. DEADLINES Advertising and article copy deadlines are December 15, March 15, June 15 and September 15. ADVERTISING POLICY Ads should be camera-ready, black and white POSITIVE PRINT required ad enclosed in a boxed line with line included in dimensions. 1/4 page - 5 x 3 1/2 - $80 per issue 1/2 page - 5 x 7 1/2 - $120 per issue Full page - 11 x 7 1/2 $200 per issue Business Card - $25 per issue Inside This Issue From the President...3 New Licensees...3 Business Is Still About Relationships...5 NSPS Announces Results of National Trig-Star Competition Golf Event...6 Things That Can Help Different Teams of Land Surveyors Work Together A Surveyor s Responsibility and Possession Boundaries Low Country Boil New Members Business Relationships Trig-Star Scholarship Awarded Coming Events Advertisers Berntsen Crow Friedman Group Earl Dudley, Inc...4 Hayes Instrument Co Holman s USA... 7, 10, 13 Niles Surveying Co., Inc Precision Products... 8, 9 Business Members Assurance Risk Managers Berntsen International Carlson Software Champion Instruments Crow Friedman Group Deaton s Geo-Tronics Earl Dudley Associates GRW Aerial Surveys Hayes Instrument Company Holmans USA Leica GeoSystems Precision Products Southern Resources Mapping Smart Vent That Cad Girl Trimble Tuck Engineering More information available at Business Member link 2014 Executive Committee President Jimmy Cleveland - Brighton jimmy@tpls.us President-Elect Andrew Stokes - Clarksburg andrew@stokessurveying.com VP/Conference Chair 2015 Aaron Sams - Strawberry Plains mrsurveyor@gmail.com Secretary/Treasurer Mario Forte - Chattanooga bpsincorp@aol.com Past President Benny Moorman - Knoxville bmoorman@benchmark-assoc.com The Tennessee Association of Professional Surveyors (TAPS) is dedicated to preserve and promote the education and advancement of the profession. 2

3 From the President Things have been running rather smoothly since our last meeting at the Spring Convention. Things have calmed down a great deal since the convention and the end of the legislative session. The Executive Committee has been busy reviewing and working on the proposed budget for the next fiscal year, reviewing and working on getting ready for the next fiscal year. As many of you have probably heard, the proposed legislation regarding a change in the licensing requirements passed and is now in effect. The new forms for the Realtors Contract have been printed and will be in use in the very near future. Mr. Benny Moorman was invited and presented a PowerPoint presentation to the Tennessee Register of Deeds Association regarding the exempt plat situation (available on TAPS website). This issue is expected to come up again in the next legislative session. We will need to prepare for a grassroots effort to inform our BY JIMMY L. CLEVELAND, RLS, PLS legislators how that could adversely affect our clients. I had hoped to assist Mr. Moorman with the presentation; unfortunately, I had a scheduling conflict and was unable to attend. I had the opportunity to attend the Southeast Chapter s Crawfish Boil on May 31. A great time was had by all, and I had the privilege to present Senator Todd Gardenhire with the Legislator of the Year Award. I have been working with Mr. Chris Billingsley, the chairman of the Standards of Practice Committee, and I have been researching the RTK and GPS guidelines that other states have in place either as a part of their standards of practice or as a policy statement. Please feel free to contact me at any time of you have any questions, comments, or concerns. It is an honor and privilege to serve as the President of this great organization. l See you at the Fall Board of Directors/General Membership Meeting on September 27, 2014 New Licensees Who Passed the April 2014 Examination Joseph E. Ahler, # Tanyard Springs Dr. Spring Hill, TN William Russell Blackwell, # Carrington Blvd. SE Owens Cross Roads, AL Brian Clark Bradford, # Raulston Cove Rd. South Pittsburg, TN Jason Wayne Britt, # Skyline Dr. Lexington, TN Michael Trevor Gorman, # Ryan Allen Cir. Whites Creek, TN Wesley E. Griggs, # Darbytown Rd. Henrico, VA Clinton Tony Head, # Hwy. 41A Pleasant View, TN William Logan McCraw, # Kim Dr. Clarksville, TN Collin Joseph Moyers, # Maple Run Ln. Knoxville, TN Mark Edward Patterson, # Doewood Ln. Louisville, KY Bryan Timothy Sauceman, # Valley Crest Dr. Mt. Carmel, TN Jacob Daniel Schaffner, #2995 PO Box Pine Forest Ln. Fordyce, AR Wayne Evans Shanks, #2818 Whittenburg Land Surveying 214 E. Stevens St. Cookeville, TN Tennessee Association of Professional Surveyors is now on Facebook! "Like" us! 3

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5 Business Is Still About Relationships BY BILL BEARDSLEE, PLS, PE, PP Ibring to you a growing concern about individual communication skills. As the article title indicates, any business source you choose will indicate that successful business is about relationships. Field crew production and profitability increases when the crew members (assuming there are crew members) are compatible and enjoy working together. The same is true of the relationship between the survey supervisor and the crews or the manager or owner of the company. These relationships are impossible to solidify without personal contact. Client relationships are the same. Nothing will lead to company success more than long-term client relationships that keep an incoming flow of work over many years. To preserve those clients, it is imperative that a close, personal relationship be in place. These close relationships are also economical: It costs four times as much to create a new client as it does to keep an existing one. Those who enjoy surveying and the technical fields are primarily left-brain folks. Personal relationship and communication, rightbrain issues are not usually in their comfort zone. Here is where my trepidation begins, as technology is not only enabling these people to avoid enhancing these personal skills but limiting the amount of contact they have with others that would require those skills. This concern began for me with the coming of and texting, which are taking large bites from my beloved English language. I won t bore you with my rant on schools no longer teaching cursive. However, at the workplace, s, texting, the internet, robotic instruments, etc., are allowing us all to limit human contact voluntarily and isolate ourselves even more than the typical left-brain person does. Consider that a surveyor may receive an order for a survey by (from a client or supervisor). The surveyor does deed research online, does the field work with a robotic total station or a rover, calculates and drafts the survey on AutoCAD, and then s or mails the finished product. An entire project, start to finish, has just been accomplished without personal contact with another human being. That, in my estimation, is very scary. We are voluntarily isolating ourselves with technology. Please keep in mind that for centuries isolation has been used as a form of torture. I imagine everyone has experienced this phenomenon in some form or another: The person who s to someone in the next office rather than walk over and talk, the person who would rather have a root canal than visit a client, or the manager who distributes assignments or evaluations by . I have had the pleasure and honor of presenting personal communication articles on many topics in the pages of surveying magazines: A journalism approach to pre-proposal meetings, project milestone meetings, staff meetings, and presentation skills. These are the skills that a successful professional in any field needs in his or her arsenal. Encourage your staff, and remind yourself, how important these skills are and make an effort to include them in the daily routine. The long-term functioning of an organization within itself and the ability to satisfy and retain clients depends on quality services and continuing open, pleasant relationships. Do not let the availability of technology deter you from continuing these long-standing, proven methods toward success. All skilled surveyors can walk the walk. What they need to do now is talk the talk. l Bill Beardslee, PLS, PE, PP is the past president of the New Jersey Society of Professional Land Surveyors and their 2006 Surveyor of the Year. Reprinted with permission Professional Surveyor Magazine June 2013 NSPS Announces Results of National Trig-Star Competition 5 State competition winners from 37 states participated in the recent national 2014 Richard E. Lomax Trig-Star finals, sponsored by NSPS. Lomax, the 1992 NSPS President from Michigan, was a driving force in making Trig-Star a national program. Trig- Star begins each year when local surveyors work with teachers (typically math teachers) in one or more high schools in their respective communities throughout the U.S. The surveyor gives a presentation to the students about surveying and its importance in the world. The students then solve a predetermined math problem. All local winning entries are compared, and the student with the highest score achieved in the shortest amount of time is deemed to be the state winner. State winners then participate in a second (national) competition. The 2014 national winner solved the test question correctly in 18 minutes 30 seconds. Several competitors solved the question correctly; therefore, the time element became the deciding factor. The 2014 national award winners are: 1st Place Lubin Deng, Cherry Creek High School, Greenwood Village, CO (teacher, Dorothy Dady); 2nd Place Benjamin Fawcett, New Hanover High School, Wilmington, NC (teacher, Nicholas Corak); 3rd Place Natalie Sanchez, Rochester High School, Rochester, WA (teacher, Carolyn Johnson). The winning students, and their teachers, receive a monetary award and a plaque recognizing their accomplishment. NSPS expresses its sincere appreciation to the surveyors who worked so diligently as local sponsors, and/or as state coordinators. Without their efforts this important program could not continue to prosper. Thanks also to the NSPS Trig-Star committee for its dedication to the program. l

6 2014 Golf Event JEFFERY A. MILLER, RLS The 2014 Golf Outing was held on Saturday, March 22 at Indian Hills Golf Course in Murfreesboro, TN. We had four teams for the event. Donations came from Hayes Instrument and Precision Products. The prizes ranged from lounge chairs to gift certificates to a free one-day use of GPS Network package. All proceeds went to the Tennessee Surveying Education Foundation, Inc. We are looking to change things up and would like feedback on the following: Is there interest in a shootout on Saturday after the convention instead of the golf event? Is there interest in the golf event if it were moved to the fall at the TAPS Board of Directors meeting? Let us know your comments so we can start planning. All proceeds would benefit the Tennessee Surveying Education Foundation, Inc. Winners Overall Team Winner Team of Larry New, Steve Sanders and Bennie Wheeler Closest to the Pin Matt Frey Longest Drive Ryan Wallace The level fundraiser was a success and the winner was Jim Boyer. Contact: Land Surveying, LLC 905 Tusculum Blvd., Greeneville, TN Phone (423) , Fax (423) , 6

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11 Things That Can Help Different Teams of Land Surveyors Work Together Asurvey assignment s complexity depends on the type of surveys needed, the time required to complete the field work, and the office time it takes to process the data and generate maps and plans. It s not uncommon on large projects to utilize several different land surveying teams. When the job calls for more than one survey team, the land surveyor s primary intent is to efficiently collect all necessary data. The challenge, however, is to effectively plan, coordinate, and manage these teams in such a way to avoid miscommunications and task redundancy, overlap, and need to re-survey. Managing Multiple Land Survey Teams Land surveyor firms offer a variety of services. For any major project there is a need for: Pre-construction and planning Amendments and changes Construction Post-construction Within any project phase there are needs to simultaneously provide layout, staking and control services: Permits: Accesses, drainage and pipeline crossings, river and stream diversions, relocations Environment Concerns: Pre-construction and construction delineation and mitigation Site Design/Earthwork: Boundary lines and plats, well pads, staging, building, production Layout and Control: Grade, pipe and pipeline bridges, structure and equipment foundations Geotech Data: Borrow sites, volume calculations, bearing capacity, slope stability Post-construction: As-builts, claims Criteria for Survey Team Management Utilization of the latest land surveying technologies and current software is important to efficiency. Land surveyor teams with better tools are more flexible, mobile, and scalable. The land surveying manager, then, is not as concerned with equipment reliability, availability, and accuracy, and can focus on deploying teams that can fully execute their assignment in a timely manner. There are three basic things that can be done in order to effectively coordinate multiple survey teams and help ensure survey assignments are completed on time and within budget: 1. Utilize Land Surveyors Experienced In Working Together and/or Familiar with the Particular Region When teams have experience working together, there is usually better communication. This communication is especially helpful if at least one of the teams has experience working in the region that is being surveyed, as they can provide better insight into how to go about the survey. Land surveying teams are comprised of a party chief/lead, and technicians knowledgeable in the specialty (utility, right of way, seismic, geotechnical, and environmental, boundaries) that the particular assignment requires. Familiarity with the region, landmarks, markers, and unique obstacles such as streams, rivers, rugged terrain and total open space help reduce the potential for unpreparedness and unnecessary complications. These issues can include un-calibrated equipment, poor field organization, slow decision making and problem solving delays. It is also not uncommon to find a survey team lost en route to a remote jobsite. When at least one team is experienced working in a particular region, they are able to communicate and work through the challenges. 2. Establish Criteria for Plats at the Start of a Project Preliminary plats are used as a starting point for most projects. They are considered comprehensive tools and may be changed during the course of the project. They should contain significant information to lay out the proposed project. Plat maps should show: As-built geological data and legal descriptions Identified boundaries, floodplains, drainage courses, road accesses, easement, right of way Past and proposed site development Underground as well as above-ground structures Ownership, occupancy, legal rights, third-party rights, claims, and liens However, different surveying teams may use different criteria for each of the plats that they create. This can create confusion and miscommunication when information needs to be compared between plats from two different teams. If you are bringing in multiple survey teams, make sure to establish the criteria for the plats early on to prevent this confusion. 3. Utilize a Project Management System A project management system is invaluable to project support. A project management system allows different survey teams to easily share information on a single platform and collaborate effectively with the client. This improves communication between teams and creates a single depository of information for them to put upload data to. This greatly increases the speed from which the multiple teams work and makes it less likely to have discrepancies between data collected between the two different teams. l Reprinted with permission 11

12 A Surveyor s Responsibility and Possession Boundaries Aprofessional land surveyor s responsibilities in regard to performing a boundary retracement survey are composed of two dependent parts. First, the surveyor is required to follow in the footsteps of the original surveyor. 1 To be accurate, the original surveyor s footsteps, recognizable in the form of marks and monuments, are not by themselves determinative unless given recognition in the description found in the operative 2 muniments of title. Accordingly, the surveyor s duty may be described as locating the boundaries that are described in the operative description(s). The second part of the surveyor s responsibility is to provide their client with a defensible professional opinion on the location of the boundary (i.e., original footsteps) communicated in a useful and understandable manner. Reality often clouds this definition where lines of possession or occupation differ in location from the record lines. The situation that often confronts a surveyor is where the record line, as established by monuments or measurements obtained from the operative descriptions, does not coincide with the occupation lines (fences, walls, cultivation line, etc.). Where the lines of occupation differ from the record boundary, the doctrines of adverse possession, estoppel, practical location, acquiescence, or unwritten agreement could cause the title or ownership to coincide with the lines of occupation. Consequently, a few surveyors take upon themselves the task of analyzing the extent, nature, and history of possession to determine if ownership should conform to the lines of occupation rather than the record lines. If satisfied, these surveyors monument the lines of occupation as the ownership boundary. In defense of monumenting the lines of possession, there are countless stories of surveyors who have devoted considerable time and resources in an attempt to locate the boundary described in the records only to see the courts seemingly ignore their opinion and adopt the lines of occupation or possession as the boundary. The question then is whether a surveyor should take on the responsibility of showing lines of possession as the ownership boundary when the surveyor is fairly convinced such is the case. There are several arguments offered for the position that the surveyor should take it upon himself to recognize the lines of occupation as the boundaries to the property. First, such actions are relatively easy, inexpensive, and straightforward. Monumenting long-standing lines of occupation generally follows recognized equitable principles without forcing the client to resort to costly litigation. In many cases, people have assumed the lines of occupation to be their boundaries. As a result, there is often less controversy where lines of occupation are monumented as the boundaries. The client often wants the bottom line, the end result. After paying the surveyor several thousand dollars, the client does not want to face the prospect of seeing an attorney and commencing litigation. Without question, lines of occupation are often held to be the boundaries where circumstances dictate. It follows that in addition to some surveyors, many members of the Bar and other real estate-oriented professions feel that surveyors could and should avoid disputes by expanding their services (or at least their communications) to a determination of where the ownership boundary exists. A great deal of confusion, delay, and disharmony can often be avoided if the surveyor makes the ultimate determination that the occupation line is the ownership line and shows the occupation line as the boundary. In other words, the surveyor avoids confusion and problems by not publishing as yet undisclosed and unobtrusive problems that arise when there is a difference between the location of the record boundary and the location of the lines of occupation. Given these reasons and others, it is often hard for some surveyors to accept that a surveyor is without authority and may be liable for failing to disclose where the lines of occupation differ from the location of the boundary as established 12 BY KNUD E. HERMANSEN, P.L.S., P.E., PH.D., ESQ. by the operative records. The surveyor must understand that in these cases the procedure and who applies the law is just as important as the facts and circumstances used in establishing the boundary. Courts often quote where the boundaries are is a question of fact; what are the boundaries is a question of law. It is the distinction between fact and law that requires lines of occupation be litigated in order to be recognized as the boundaries. 3 The surveyor, as a fact finder, ought not to and cannot decide questions of law. Stated in other words, a surveyor is well within his purview in sifting the facts and applying rules of construction to opine the record boundary is at a certain location and the occupation line at another location but the surveyor should avoid deciding the ownership boundary is at the occupation boundary or that certain improvements across the building set-back line or boundary are there by parol license or may be maintained by some equitable doctrine. 4 (It should be made clear that an attorney, well versed in the law, is in no better a position to decide on their own motion when the occupation lines are to be treated as the boundary.) By way of explanation, consider a related example of a police officer who has just witnessed a person commit a heinous felony which the officer knows without question deserves the death penalty and will probably result in the death penalty. Would the police officer be justified in shooting the person without provocation on the basis of saving the State considerable time, expense, trouble, and resources only to have the same result (death by execution) occur at some later time? The police officer is trained in criminal law, deals with it on a daily basis, and is licensed to carry a firearm surely the officer is prepared to carry out the eventual court decision. Nevertheless, the obvious answer if justice is to be preserved is that the police officer may not shoot the person without provocation. Furthermore, the prosecuting attorney, after examining all the facts, is in no better continued on p. 18

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14 Low Country Boil BY MARIO FORTE George Bernard Shaw, a good Irishman, when discussing communication, is credited to be the first to use the phrase, England and America are two countries separated by a common language. The same could be said for specialty trades and the layman. We surveyors also have our own language. We say traverse point, prism and monumentation. Unless the layman hears nail (that is NOT your corner), camera and stob, we may as well be speaking two different languages. The Southeast Chapter of TAPS recently held their second annual Low Country Boil event, which brought together surveyors, their spouses, friends and family. When surveyors talk shop, it must sometimes appear to others that we ve switched languages. This brings me to this story I d like to tell you, leading up to the Low Country Boil event. Our Past President, Benny Moorman, was charged by the TAPS board of directors to order an award plaque for presentation to State Senator Todd Gardenhire, who assisted TAPS in our endeavors with introducing legislation requiring boundary surveys prior to land transactions. Two days before the Low Country Boil event, I called Benny to remind him about the event and to see whether he would make it to Chattanooga. Benny was on vacation and ultimately would not be attending. He forgot that he had the plaque at his office in Knoxville, and asked me to call Kelley at his office to have it shipped down to Chattanooga in time for the Boil, where Senator Gardenhire had previously responded to our invitation and intended to be there. TAPS President Jimmy Cleveland would also be there to present the award to him. I contacted Kelley by phone, told her who I was, and informed her that Benny had a plaque made up for Senator Gardenhire that I needed shipped overnight to me in Chattanooga. She asked me if I knew where the plaque was. I replied that I suspected it was in Benny s office somewhere. She told me she would find it and ship it to me. Three hours later, I received a phone call from Kelley asking me for the name of the subdivision, because she could not find the Gardenhire PLAT anywhere in Benny s office. To be completely fair to Kelley, I have an Irish accent, and plaque sounds exactly like plat over the phone. And who in their right mind would be expecting someone calling a Land Surveyors office looking for a plaque? We had a good laugh, and the plat/plaque (which was sitting on Kelley s desk all along) arrived in time for Jimmy to present the award to Senator Gardenhire at the Low Country Boil. The low country boil event was hosted by the Southeast Chapter and was held this year at Earthworx, LLC in Chattanooga. Dixie Brackett, PLS graciously allowed us to use her office space and parking lot for the event. We had crawfish, shrimp, sausage, corn and potato in the boil, along with other fixins that made for a hearty and very tasty meal. We also held the second annual Race for Freedom Crawfish Derby. Scott Carter, SE Chapter president, painted numbers on the backs of a few lucky craws. People picked the craws they thought looked the fastest and the races began. Michael Couillette picked the winner and won himself a Louisiana Crawfish koozie. All the crawfish that entered the race won their freedom into the nearby detention pond. continued 14

15 As they were being released into the wild, I couldn t help but wonder if in a few years a marine biologist should stumble across several families of Crawfish in a Tennessee lake, river or pond, some with painted numbers on their shells, if he or she will think, How on earth this this happen? (or more disturbingly, why did this happen? ) In an attempt to return to the point of this article, I believe the social aspect of an event like this is well worth the time and effort that goes into the preparation. Meeting fellow surveyors in a social environment is a wonderful way to get to know them and develop lasting friendships, and it helps us learn to communicate with each other. When I call a surveyor in my area for a copy of a survey they did or request information along a common line, it s nice to be able to exchange pleasantries first, and ask them about how they and their family are doing, and then be able to get the information I need from a friend. I m looking forward to seeing my friends again next year. l New Members Britton Elmore Chattanooga, TN Paul Moody Halethorpe, MD 15

16 Business Relationships LEADERINGSIGHT.COM Research shows that even with the best products and business practices, you still need strong relationships to succeed in this marketplace. The following is a roadmap to turn personality differences into positive business results. Respect is at the heart of building business relationships. It is the glue that holds together the functioning of teams, partnerships and managing relationships (up and down, peer-to-peer, internally and externally). Respecting the right to differ is a concept like apple pie and motherhood. We all agree with it, but can we truly foster it? The first step is to identify the specific areas of difference. Many people see things in terms of rights and wrongs. My way is right and therefore other ways are wrong. When a situation is viewed through this lens, a power struggle ensues. However, when a situation can be seen through the lens of difference and a position is simply a matter of opinion, not fact, then cooperation and compromise is possible. Identifying and understanding differences allows people to shift their position to one of compromise and negotiation. The following steps are the roadmap to success. Respect leads to accepting a person for what he/she is. Accepting a person where they are creates an environment of trust. Trust leads to a willingness to be open to new opportunities, new collaborations, new strategies, new ideas, new products. Once you understand the above, you can use the following list to avoid power struggles, which drain energy from your effectiveness. Here is our top 10 list for types of differences to look for: 1. Communication Styles All people do not communicate in the same fashion. There are many inventories available to identify differing styles. Once you understand a person s style, this knowledge can lead to respect, not conflict. 2. Non-Verbal Communication All forms of communication must be considered. This form of communication is more covert but not any less important. Nonverbal communication includes body language and tone. Nonverbal communication may differ from the verbal. With this additional understanding of what is really being communicated, more effective collaboration is possible. 3. Learning Styles People learn in different ways. When this concept is in the forefront of understanding, then communications can be geared to various styles and will meet with greater success. 4. Differing Values This concept can be a little tricky. While values need to be identified and respected, there are times when conflicting values can be so different that they cannot coexist on the same team. When mutually exclusive values are encountered, collaboration is not recommended. 5. Boundaries We all have different space needs and boundary needs. (Boundaries are the limits you place on the behavior of others around you.) The first step is to be aware of peoples boundaries and then to use this understanding to approach them respectfully. This new behavior often avoids conflict and strengthens relationships. 6. The Self Self-respect is a vital and primary building block that supports the formation of relationships. By being aware of your own needs and styles you create a healthy foundation, and the ensuing relationships are more solid. The remaining categories are variations on the theme of Cultural Differences. The need to understand, respect, and integrate diversity is a must in today s market. 7. Company Culture Seasoned employees have come from different companies, and each company has a culture. This must be identified and respected in order to insure successful integration into the current company. This concept is especially pertinent to mergers and acquisitions. 8. Culture of the Country With the global nature of our business, employees often come from different countries, each with a different culture. In order to successfully integrate multicultural differences, these differences must be understood, articulated, and respected. 9. Family Cultures The influence of our backgrounds is great. Often we ignore these differences because they do not belong in the workplace. However, the reality is that people cannot keep who they are out of the work environment. The key here is to recognize when the source of the conflict is based on someone s family/personal issues. This allows you to choose not to engage in a battle that is based on their family history. 10. Individual vs. Team Balancing the individual s needs with team needs is always an interesting dilemma. However, if this healthy balance is not reached, problems are certain to follow. Taking the time to identify and then address both individual and team dynamics are at the core of this balancing act. Business success is directly related to getting this right. l 16

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18 Surveyor s Responsibility, cont. from p. 12 position than the police officer in executing a death sentence. Regardless of the overwhelming evidence and certainty of punishment, the procedure of trial must be followed and the law applied by the court. What must be realized is that where the lines of occupation differ from the boundary as located by the record, the marketability of the title is brought into question. Marketable title is defined as title free and clear from reasonable doubt as to matters of law and fact and is not one clouded by an outstanding contract, covenant, interest, lien, claim of possession, or mortgage sufficient to form basis of litigation. 5 Consequently, title which exposes a person to litigation is not good and merchantable or marketable if the danger of litigation is apparent and real, not merely imaginary or illusory, which may be apprehended upon the basis of some fact or truth which can be ascertained with reasonable certainty. 6 Consequently, marketable title is title that is reasonably free from claim by another. 7 Where the occupation lines differ from the record lines, the title is not marketable. 8 The surveyor has a responsibility and the client has a right to be informed where there is a difference between the record boundary and other potential claims evidenced by fences or the boundary location described in the neighbor s deed. The practitioner s portrayal of line of occupation as the boundary may prevent concern and worry, but the simplistic portrayal does not cure a problem simply by nondisclosure of the problem. Because there are conflicting boundaries and improvements, ownership is questionable, subject to dispute, and the marketability of the title is put into doubt. The surveyor has a duty to prepare opinions and communications that are objective and truthful for the client and reasonably foreseeable third parties. 9 To summarize the surveyor s responsibility, the surveyor should not take it upon himself to apply equitable doctrines and determine when the lines of occupation are the lines of ownership and show the occupation lines as the boundary. l 1. Rivers v. Lozeau, 539 So.2d 1147, 1151 (Fl.App. 5 Dist.1989); Tyson v. Edwards, 433 So.2d 549 (Fla. App. 5 Dist. 1983); McKinley v. Hilliard, 248 Ark. 627, 454 S.W.2d 67 (1970). 2. The term operative is used to differentiate between those documents that do not have any authority by themselves to establish the boundaries. It would be improper to say the boundaries are those defined by the recorded deeds because many recorded deeds are written by persons without title to the land they purport to convey. In other cases, surveyors prepare inaccurate or erroneous plans that are recorded. Certainly these documents should not be determinative of the boundary location by the fact they are recorded. Consequently, the term operative refers to those documents that emit from a grantor or other authority that had both the title and power to fix a boundary at a particular location and therefore operate to create an authoritative boundary. 3. Another method that is also recognized and preferred is where all the parties in interest join together in deeds that recognize the occupation lines as the common boundary. In such cases the occupation lines become the record lines by operative records. 4. The following quotation has probably been used in the vast majority of recent Maine Law Court cases but often denies explanation from laypersons. Hence the reason for this statement. 5. West, Inc. v. Meadowgreen Trails, Inc., 913 S.W.2d 858 (Mo.App. E.D.,1995); First American Title Co. of El Paso v. Prata, 783 S.W.2d 697 (Tex.App.-El Paso, 1989); Lieb v. Roman Development Co., 716 S.W.2d 653 (Tex.App.-Corpus Christi, 1986); Marshall v. Hollywood, Inc., 224 So.2d 743 (Fla.App. 1969) 6. Stafford v. Bryan County Bd. of Educ., 466 S.E.2d 637 (Ga.App.,1995) 7. Vandervort v. Higginbotham, 634 N.Y.S.2d 800 (N.Y.A.D. 3 Dept.,1995) 8. There is a reasonableness standard that must be applied. A fence one foot off from the record boundary surrounding a 500-acre farm will not make the title to the farm unmarketable. However, the same difference between the fence and record boundary around a one-quarter acre residential lot will likely make the title unmarketable. 9. Codified in the Rules by the Maine Board of Licensure for Professional Land Surveyors, Chapter 5, 2.A.2.c. Knud is a professor in the College of Engineering at the University of Maine. He provides consulting services in the area of alternate dispute resolution, boundary disputes, easements, and land development. Reprinted with permission. Trig-Star Scholarship Awarded Several years ago, NSPS established an annual $5,000 scholarship that is available to high school seniors who have at some point in their high school years participated in the annual NSPS Trig-Star competition at any level (local, state, national). They are not required to have won the competition. Applicants must show proof of their plan to enroll in a college degree program that leads to either a two-year Associates degree, or a four-year program leading to a Bachelor s degree in surveying and mapping (the Land Surveying Profession). Funding for the scholarship is provided by donations, and is managed by the NSPS Foundation. The NSPS Board of Governors periodically allocates donations it collects during its semi-annual meetings to the fund. The 2014 winner of the scholarship is Matthew Herrell. Matthew attended James Clemens High School in Madison, AL, and has enrolled in the Surveying and Geomatics program at Troy University located in Troy, AL. The Troy program is ABET accredited. Coming Events 2014 Surveyors Rendezvous Surveyors Historical Society September 17-20, 2014 Mobile, Alabama TAPS Fall Board of Directors/ General Membership Meeting September 27, 2014 The Inn at Opryland Nashville, TN TAPS 47th Annual Conference & Exhibition March 11-14, 2015 Embassy Suites Murfreesboro, TN 18

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20 ASSOCIATION OF TENNESSEE 1968 PROFESSIONAL SURVEYORS Tennessee Association of Professional Surveyors 607 W. Due West Avenue, Suite 96 Madison, TN Fax: PRSRT STD U.S. Postage PAID Nashville, TN Permit No Sustaining Member National Society of Professional Surveyors Affiliate American Congress on Surveying and Mapping Lifetime Member Surveyors Historical Society Tennessee Board of Examiners for Land Surveyors Are you planning to move? Let us know your new address. RELATIONSHIPS Who you know What you know