Corner Evidence Analysis. Instructor: Dennis J. Mouland, PLS

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1 Corner Evidence Analysis Instructor: Dennis J. Mouland, PLS Witness Tree Consulting, Inc., 2011

2 Course Goals Corner Evidence Analysis We will.. 1. Review the need for evidence search 2. Review tools for records research 3. Discuss uses of field evidence in corner point identification 4. Explore some keys to resolving conflicting evidence

3 The textbook:

A long history of Manuals Original contracts and instructions 1851 Oregon Instructions - 1855

4 A long history of Manuals Original contracts and instructions 1851 Oregon Instructions Full Manuals: Understand the relationship to previous Manuals

Common Law A system of jurisprudence based on custom, traditional usage, and precedent from previously heard cases, rather than a codified system of laws

5 Common Law A system of jurisprudence based on custom, traditional usage, and precedent from previously heard cases, rather than a codified system of laws 5000 years of very consistent basics: Original point holds forever Natural monuments generally hold over others Intent of the parties Egyptian rope stretchers

6 Don t sell your professional soul ART Legal Research Records research Corner Search Evidence Analysis Unwritten rights Boundary law Title Issues SCIENCE Measurements Calculations Adjustments GPS-Geodesy AutoCAD, etc. The Professional Land Surveyor must be an expert in both areas.

Case Law The body of law based on judicial decisions, as distinguished from laws created by legislatures or Congress, the latter being known as statutory law.

7 Case Law The body of law based on judicial decisions, as distinguished from laws created by legislatures or Congress, the latter being known as statutory law. Case law is often considered part of the common law Survey-related case law very consistent; look these up some time: Vaught v. McClymond (155 P2d. 612 {1945}) Halley v. Harriman (183 NW 665 {1921}) State v. Ball (133 NW 412 {1911}) Puget Mill Co v. North Seattle Improvement Co. (206 P. 954 {1922})

8 Why does all this matter? Protect the plat is a concept GLO/BLM always held. Basics of protecting bona fide rights granted by patents. It comes from U.S. Supreme Court direction Means to uphold the factors given on the plat, including topography, intent, ratios and equities Our slogan will be: Always let the PLAT tell you what to do

9 Range Line What is a resurvey? Cragin v. Powell 128 U.S. 691 (1888) Chaos with erroneous resurveys A major issue for the modern surveyor How apply to the 1320 Club s actions? Use of topography ok Protect the plat not running the record Cragin Swamp land 5 miles +/-

10 Subdivisional Corners created? Yes, but not monumented: Not synonymous terms Corner is a point on the surface of the earth, a location Monument is a physical object claiming to be at a corner point

11 Puget Mill Co v. North Seattle Improvement Co. (206 P. 954 {1922}) Evidence search is NOT an option, nor a matter to be taken lightly

12 Fixed Forever? Without error and exact? A legal concept Not a math issue Basis of proportioning; hold the original intent Basis of a stable society is a set of stable boundaries Disputes arise due to interpretation of intent or due to conflicting intent

13 Boundary v. Property Line Sometimes these terms are confused For our purposes; Boundaries are original lines created by GLO Property lines start on these Property lines can move away from boundaries by actions or inactions of landowners or courts Boundaries stay fixed So what can the courts actually do? Fix the property line between the parties named Original Red is original boundary Green is occupation line +100 years

14 The Legal Pathway of Evidence Patent calls for the plat Plat calls for the notes Notes call for measurements and evidence on the ground Thus, every patent calls for monuments and other evidence on the ground to control its location How could you do a real survey without these records?

15 Pathway PATENT PLATS NOTES MONUMENTS Every PLSS parcel ultimately calls for monuments in the ground!

16 Researching the Record PRIMARY SOURCES GLO/BLM Notes County Records City State Special Districts NOAA Railroads Utilities Highway Departments Resource Mgt companies SECONDARY Title Companies Assessor s Offices GIS data Court Cases in area

17 Don t forget the other record Unrecorded plats, notes, and other documents of private surveyors Can you use them? Dealing with un-cooperative persons

18 Analyzing the private records Ideal Goal: Assemble the entire history of each corner and it s evidence thru time Watch for signs of poor surveys/dumb assumptions: , 660, Aliquot acreages 3. Bad proportions 4. Lack of evidence calls 5. Conversions to metes and bounds from PLSS

19 USGS Quads..

20 Getting the GLO/BLM Record Your only reliable source is the Public Room, a function of each BLM State Office Micro-filmed (through 1998) and/or scanned records are available of plats, notes, patents, and other records Go to for links to almost all survey records, and many Master Title Plats, Patents, and other Land Status information Many states have their own copies/sources

21 About the notes. Understand how running notes work Evidence calls (corners and accessories) Controlling Intermediate Corners may exist Topo calls and passing calls Other info in introductions, closing comments/certifications Transcribe older notes carefully!! Lots of info not on the plat

23 Running column in chains Topo Calls Corner and accessory descriptions

25 See Chapter 4 of Manual for current PLSS names and marks.

26 Corner Search Techniques What is your attitude? Avoid the surveys done in a bar theories Hate proportioning! Develop positive attitudes in your staff about finding evidence Be persistent Can you see the big picture?

27 Getting there. Old methods: Compass/pace or compass/string box Hope USGS quad is accurate Traverse in from known corners Watch for fences, other culture Newer methods: GPS in to search area Use GCDB data

28 Establish a Pattern Make your search comprehensive and thorough (avoid hit and miss searches) Set a pattern for search from a key location (grids, circles) Trade areas if more than one person Look for ALL the evidence, not just your favorite or the easiest

29 Look for ALL the evidence Monument Accessories Memorials Controlling Intermediate Corners Topo and passing calls Cultural feature ties

30 Monuments Wood posts Mounds and pits Stones Tree monument Iron post with brass cap Aluminum posts/drive monuments

38 Accessories Fixed physical objects tied by bearing and distance to a corner point Used as a system of RM s for the preservation of the corner location Includes memorials under a monument Includes some cultural feature ties made by the original surveyor Use = D-D unless only one, then go record B&D

41 Where were BT s marked? Just about anywhere Measured horizontally to center of tree, top of the root crown Bark scribe v. wood scribe

44 Using Topo Calls Not a black and white answer.. Every survey is unique so ask these questions: Were they faithfully measured? Were they faithfully recorded? Are they to the nearest chain or 10 links? Are they well-defined calls? Has the call moved or been altered?

46 Well-defined Water courses unable to move Roads Trails Ridges Cliffs Structures Types of topo calls Poorly defined Water courses that can move easily Begin Descent Enter swamp Leave meadow Enter wooded area

47 Concerns with topo calls 1. Accurately measured/reported? A. Make sense to themselves? B. Nothing major missing? 2. Taken on the random line? A. Not on the true line, not approved B. Can make adjustments to help search areas Random Line TRUE LINE

48 Still Looking for ALL the Evidence

49 Controlling Intermediate Corners Line trees Meander Corners (7-38) On-line Witness Corners Witness Points Closing Corners Crossing Closing Corners Previously set subdivisional corners

50 LT LT 1/4 Lost 1/4 WP WP RECORD MEASURED

51 Blazed Lines through timbered areas

52 Cultural Feature Ties Ties often from corners or as passing calls Cabins Fences Barns Well-defined and fixed? 3 chain rule Set corner. From which.. accessories, and then: The northeast corner of the Smith barn bears S12E, 1.65 chains dist.

53 What about far-away ties or calls? Long ties usually not measured or reliable Be cautious with evolving calls Mine shafts Springs Even structures!!

54 The Three Corner Conditions

Existent 6-11- An existent corner is one whose original position can be identified by substantial evidence of the monument or its accessories, by

55 Existent An existent corner is one whose original position can be identified by substantial evidence of the monument or its accessories, by reference to the description in the field notes, or located by an acceptable supplemental survey record, some physical evidence, or reliable testimony.

56 Obliterated An obliterated corner is an existent corner where, at the corner's original position, there are no remaining traces of the monument or its accessories but whose position has been perpetuated, or the point for which may be recovered, by substantial evidence from the acts or reliable testimony of the interested landowners, competent surveyors, other qualified local authorities, or witnesses, or by some acceptable record evidence.

57 Lost 7-2- A lost corner is one whose original position cannot be determined by substantial evidence, either from traces of the original marks or from acceptable evidence or reliable testimony that bears upon the original position, and whose location can be restored only by reference to one or more interdependent corners.

58 Witness Information (6-20) (Don t lead your witness) How do they know this is the corner? Was there a marker of some kind? If so, what was it? Were there any markings on it, and what were they? When did they first see it? When did they last see it? What aids them in knowing where it was? Mental accessories? Date of testimony Identity, address, etc

59 Evidence Reality Not fair to demand perfection of these surveyors or their evidence Perhaps the Deputy Surveyor was not: Measuring exact stone dimensions Aware of basic geology An expert on tree species Consistent from start to finish Careful in his notes Honest

60 Time and the Elements. Soft stones lose marks Wood rots Trees die or get cut People inadvertently destroy evidence Moss and lichen hide evidence Only accessories remain? Use them! Be realistic

64 Keys to conflicting evidence We cannot totally resolve all, but we can resolve MOST evidence confusion Usually lies in the notes: Transcribed notes Reversed numbers Transpositions Horiz v. Slope Wrong quadrants Or it lies in a field discrepancy Importance of working and thinking in the units of measure in the record

65 Let s look at 5 common questions Question 1: Where is the actual corner point when the stone does not have a + on it? ANSWER: The high point or center of the stone is considered the actual point. Most of the time, GLO did not set a mark; thus indicating a previous retracer placed it on the stone

66 Question 2 Question: What if two or more accessories indicate a different position than the monument? ANSWER: The validity of the monument needs to be established. It is possible the accessories are written wrong in the notes, but this usually indicates your corner mon has been disturbed, moved, or re-set by someone unauthorized to do so.

67 Question 3 Question: What if the monument is gone, but the accessories do not come to the same place? ANSWER: Examine the record closely, try every combo of transpositions, H v.s, wrong quadrants. If no D-D intersect, then one distance is bad. If no B-B intersect, then a bearing is bad. Closest is best?

68 Question 4 Question: Is it safe to set a corner from a single remaining accessory? ANSWER: Yes, but we should note a couple of concerns: 1. The reason you cannot find the mon or the other acc. could be due to this acc. having an error in a dimension 2. Use of one really requires some thought on Basis of Bearings and possible indexing

Question 5 Question: You have found the original stone in place, and the GLO BC from a dependent resurvey is right alongside it. Which is the corner? ANSWER: Read the record closely.

69 Question 5 Question: You have found the original stone in place, and the GLO BC from a dependent resurvey is right alongside it. Which is the corner? ANSWER: Read the record closely. If the cap setter said it was set at the corner point, we generally use the cap. Sometimes this can be disproved with the use of close and accurate accessories, but otherwise the cap is the policy in these cases

70 The Uncalled-for Monument We often find a monument not in any record. We must determine if it was: a faithful re-monumentation of the original a properly performed proportion to set a lost corner A bogus position set by someone as a best guess A lost corner now?

71 Uncalled-for vs. Obliterated Really one in the same in analysis Read 6-17 for clues as to how to assess it. Courts ask does it meet the intent of the parties? What would you say is the intent? Beware of doing a pass/fail on it solely by proportioning or math analysis

72 Local corner evidence analysis: The hardest part of the job What are your corner acceptance paradigms? Oldest? Rustiest? Most used? Biggest monument? Fits culture? Under your hat?

73 How long should you search? Age old question, but consider these points: Set time frames are foolish Exhaust the reasonable possibilities Identify who does the best corner search in your organization But the real key to finding evidence others do not find is..

74 How long should you search? If you have properly researched the record, and if you have a positive attitude about corner search, and if you use your common sense, you will find evidence the average surveyor never will!!

75 It s evidence, but is it proof? EVIDENCE - Writings, testimony, or material objects legally presentable at a trial, as a means to prove the existence or non-existence of a fact. PROOF - The effect of evidence, a mental conviction as to the truth or falsity of a proposition; the creation of a belief.

76 Basic Definitions Corner Monument Accessory Memorial Best available evidence Common report Hierarchy of evidence (bounds vs. metes)

77 Hierarchy of Evidence in Boundary Determination Natural Monuments Artificial Monuments Adjoiners Surveys Distances Bearings Area Coordinates

78 What does the LAW say? Statutes Regulations Case Law

79 What does the LAW say? The Court System: Where do we go for precedent setting cases? Equity vs. Precedent Most survey cases only heard by Judge Judy

80 State Court System Final Reviewing Court (Supreme Court) Intermediate Appellate Court (Court of Appeals) Trial Court (General) Trial Court (Special)

81 Compiling a Check list Age of monument Positional precision How often used Consider the methods used before Recognize the true gray areas : heavily deteriorated evidence? Occupation? Called for? Authority of who set it: License required? Federal authority? Landowner s actions Equipment and limitations Intent of the parties

Duties of the Surveyor Gather evidence and report the facts, judge evidence Follow the footsteps of the original surveyor when retracing a boundary (not those of the last

82 Duties of the Surveyor Gather evidence and report the facts, judge evidence Follow the footsteps of the original surveyor when retracing a boundary (not those of the last retracer) When authorized by statute, court, or party consent, locate new boundary lines (partition, commission, subdivision) Monument new boundaries when new land subdivisions are created

83 What rights does the landowner(s) have? The right to rely on your professional expertise! A fully researched survey An understandable plat, report, description Professional guidance to other experts The same rights they had before you started the survey

84 Best Available Evidence? Or Unwritten Rights? Same types of evidence, but Different applications Often confused together Importance of the record Reality checks are useful

85 Fence Corners and Road Intersections What are you saying????? Take it because of its age? Or perhaps because it really is the best available evidence? Age and use are unwritten rights issues, but is it the corner or not?

86 Corner Evidence Analysis: The Heart of this Profession Not a subject easily taught in a classroom Learn as you go, hopefully from a good mentor It is the fundamental reason we license and regulate this profession

87 Conclusion met objectives? 1. Review the need for evidence search 2. Review tools for records research 3. Discuss uses of field evidence in corner point identification 4. Explore keys to resolving conflicting evidence Good luck on all your corner search!!!!!!

88 Witness Tree Consulting, Inc., 2011 Corner Evidence Analysis

Collateral Evidence Analysis

Wisconsin Society of Land Surveyors 2019 Surveyors Institute Wisconsin Dells, Wisconsin January 24, 2019 Collateral Evidence Analysis Stanley French Chief Cadastral Surveyor for Idaho (retired) Land Boundary