Certified Federal Surveyor Program Assignment #6, Feedback

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Gilbert Abner Caldwell
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Certified Federal Surveyor Program Assignment #6, Feedback Now that you have completed Assignment #6, take a few minutes to review the comments below.

1 Certified Federal Surveyor Program Assignment #6, Feedback Now that you have completed Assignment #6, take a few minutes to review the comments below. We have tried to identify items of special importance, material that will likely be on the exam or concepts/information that seems to cause students the most difficulty on the exams. Review 1. Optional: Introduction to Restoration of Lost Corners: a. This is an older restoration of lost corners course, it covers all eight proportion methods with exercises for each. There are a couple of errors in the computations but they are easy to spot and don t distract from the course. 2. Definitions: a. Good faith location: A good faith location is a satisfactory location of a claim or of a local point. It is one in which it is evident that the claimant s interpretation of the record of the original survey as related to the nearest corners existing at the time the lands were located is indicative of such a degree of care and diligence upon their part, or that of their surveyor, in the ascertainment of their boundaries as might be expected for that time and place. (See page 377, Course 3 Study Guide and Sections , 2009 Manual) b. The doctrine of Repose: finality let it rest. (See page 382, Course 3, Study Guide) c. Local points of control: (Section , 2009 Manual) d. Local survey: (See page 261, Course 3, Study Guide) e. Federal Authority Survey (working definition): A Federal Authority Survey must have every one of these ingredients. It must have a request for survey. There must be special instructions approved by the appropriate official. There must be assignment instructions to a surveyor. There must be field work including monumentation. There must be preparation of field notes and/or plats as appropriate. There will be a review of those field notes and plats. There ll be approval of the final field notes and plats by the appropriate official, and there ll be the official filing in the federal official records. (See page 262, Course 3, Study Guide) f. State Authority Survey (working definition): Any survey that meets every state rule, law, regulation at the time it was done. (See page 262, Course 3, Study Guide) g. No authority Survey (working definition): A survey that is not a Federal Authority Survey or a State Authority Survey. (See page 262, Course 3, Study Guide) 3. Key Concepts a. Exceptions to the General Rules: Three survey types: (See page 376, Course 3, Study Guide) First: Surveys which were faithfully executed and well monumented and most of the corners are out there and there s a good relationship between the corners: The general rules were written for these cases.

2 Second: Surveys which were faithfully executed, but with less care; there are significant differences between the original record and measured values between corners, and there is use occupancy and improvements by the settlers located often without a rigorous application of corner evidence standards, without a rigorous application of restoration of lost corner procedures and without a rigorous application of subdivision of section rules: Exceptions to the general rules will be applied in some cases. o Remember the Gilbert and Logie Nolan case that Stan talked about. Did the allottees who relied on the 1908 ISS corners act in good faith? Probably, yes. Does an entryman who relies on a center ¼ section corner established by the County surveyor act in good faith? Probably, yes. But there is more to it: A good faith location is a satisfactory location of a claim or of a local point. It is one in which it is evident that the claimant s interpretation of the record of the original survey as related to the nearest corners existing at the time the lands were located is indicative of such a degree of care and diligence upon their part, or that of their surveyor, in the ascertainment of their boundaries as might be expected for that time and place. (Sec Manual) How do we judge the ISS, or County or local surveyor s work? (See pages 378, Course 3, Study Guide) In the Nolan case it was found that the ISS surveyor missed an original corner which constitutes gross error, therefor it could not be accepted under the rules for good faith location. (See pages 378, Course 3, Study Guide) o The principle objective which Congress has in view is that corners and boundaries of the sections and subdivisions of sections should be definitely fixed and that the ascertainment of the precise contents of each is not considered as equally important. Indeed it is not so material either for the United States or for the individuals that purchasers should actually hold a few acres more than or less than they surveys call for as it is that they should know with precision and so as to avoid any litigation what are the certain boundaries of their tracts. (See page 380, Course 3, Study Guide) o Resurveyor number two must exercises the greatest care so that the resurvey will relieve existing difficulties as far as possible without introducing new complications. Moving corners relatively short distance is less important than maintaining the stability of boundaries. (See Page 382, Course 3, Study Guide) Third: Fictitious, fraudulent or grossly erroneous surveys: These are special case and general rules will not apply. 4. Course 3 Quiz: There are a few poorly written questions on the Course 3 quiz. We will be reviewing and update all the quiz questions in the near future, in the meantime the following comments should be helpful: a. There is a question about controlling intermediate monuments. The listed correct answer is: Off-line Witness Corner. There are several things wrong with this question. First, controlling intermediate monuments was covered in Course #2 not Course # 3; second, Off-line Witness Corners was listed as a controlling intermediate monument in the course and finally, controlling intermediate monuments is just a term we have used to group these various types of corner for training purposes, it is

3 not an official designation so whether it is or is not a controlling intermediate monument really has no significance. The important thing is what control the corner will exercise. b. There is a question asking which is not an accessory. The listed correct answer is that a Line tree is not an accessory. The problem with this question is that there are two correct answers. An Off-line Witness Corner is not an accessory it is a corner that witnesses the true point. c. There is a question about what records can be used to perform a boundary survey in Indian country. The listed correct answer is LTRO data. But any information/evidence can be considered and used if it provides reliable information about the location of the boundary. d. There is a question about a 42 chain offline tie to a cabin. The listed correct answer is that it is essentially useless. Long ties to offline improvements were seldom actually measured however the bearing was often measured and there was usually a line of sight from the point on line to the cabin or other object, so the tie may be used to help identify a search area in one dimension or it may be used to identify a blunder. Begin Course #4 Reading Assignment, 2009 Manual: 1. Chapter 2: Sections 2-9 thru 43 a. By statute, in the PLSS datum, the term straight line is used when describing a line of constant bearing. (Sec. 2-13) b. Most lines in the PLSS are intended to be surveyed as lines of constant bearing. This is a direct result of the requirements that the lines be run according to the true meridian thereby crossing each meridian at the same angle. (Sec. 2-13) c. Some boundaries within the PLSS are defined as line of sight. The originating documents describing the boundary must be studied to determine whether the line between corners was intended to be line of sight or line of constant bearing. (Sec. 2-16) Reservation boundaries described in Treaties are often called straight lines between topographic features, however it is sometimes unclear how they were surveyed. d. There is a slight difference between the astronomic meridian and the geodetic meridian at a given point. The difference is referred to as the Laplace correction. (Sec. 2-27) It should be emphasized that in most cases this factor is very small and generally of no concern. (Sec. 2-28) e. Diversity in survey needs and special requirements may impose the need for surveys reported in feet or meters. The units required, if other than chains, will be specified in the special instructions and must be clearly stated on the plat and in the field notes. (Sec. 2-42) 2. Chapter 7: a. Look for procedures to use in that grey area between obliterated and lost, talked about by Stan in course 3. b. Manifest blunders in measurement are removed from the general average difference and placed where the blunder was made. (Sec. 7-5)

4 c. Make sure you understand when cardinal equivalents are used. They must be used for Double Proportion, 3-Point, 2-Point, 1-Point (original control) and Irregular Boundary. Remember that the record is broken down to its cardinal equivalents before beginning the proportion. (Sec. 7-9) d. Double Proportion Made Complex: This paper by Jerry Wahl, former Chief Cadastral Surveyor for the Eastern States explains why true bearing is so important when calculating a double proportion. Review 1. Definitions: 1. Corner: A point determined by the surveying process. The corners of the public land surveys are those points that determine the boundaries of the various subdivisions represented on the official plat. (See Section 6-8 & 9, 2009 Manual.) 2. Monument: A physical object, such as an iron post, marked stone, or tree in place, which marks the location of a corner point established by a cadastral survey. (Glossary of BLM Surveying and Mapping Terms) 3. Linear convergency: Based on true mean bearings, linear convergency is the amount by which the north boundary of a parcel is shorter than its south boundary. Column 1 of Table 11 in the Standard Field Tables shows the amount by which the north boundary of a township is shorter than the south boundary for a given latitude. 2. Key Concepts: a. General proportioning principles (See page 5, Course 4, Study Guide) Always start with the prescribed method of proportioning then modify or change the method based on the specific situation. Your documentation should always explain what other methods were considered. In addition to the principles show on page 5, remember Stan talking about the grey area between obliterated and lost. We often have evidence that tells us something about the location of the corner but it may not be enough information to actually locate the corner point. When possible that information should be used to choose the best method; 3-Point vs. Double Proportion; Grant Boundary vs. Compass Rule; etc. Just because we have determined a corner lost doesn t mean we forget about all the evidence of the position of the corner point. b. Case Law on Lost Corners: (See page 9, Course 4 Study Guide) Proportioning is the proper procedure where no conclusive evidence remains. The corner must be completely lost; all means to locate evidence of the corner must be exhausted. Remember Stan s discussion of the grey area between obliterated and lost. There may be some evidence of the corner, but not enough to determine the corner point. That evidence must not be ignored when proportioning. c. Single Proportion: (See page 12, Course 4, Study Guide) Used on: Quarter corners, all standard corners, all corners on township and range lines (except township corners, but including closing corners), and for corner on straight lines on non-rectangular entities. Note that standard township corners

5 are reestablished by single proportion. (Sections 7-16 through 7-31, 2009 Manual) True bearing is not necessary to correctly calculate a single proportion. Closing corners: o The prescribed method to reestablish a lost closing corner is by single proportion along the line closed upon. Lines have generally been surveyed in 3 directions but the 3-Point method is generally not used. (Sections 7-41 through 7-49, 2009 Manual) o The prescribed method to reestablish a lost corner along a closing line is by single proportion using the original closing corner position, not the true closing corner position. (Section 7-45, 2009 Manual) o When proportioning along a line closing on a township boundary remember to use the parenthetical distance. o d. Irregular boundary adjustment/modified single proportion. (See page 14, Course 4, Study Guide) The irregular boundary adjustment will only work on lines relatively close to cardinal. e. Curvature: (See pages 30-42, Course 4, Study Guide) A straight line has a constantly changing bearing, except lines that are exactly N-S. A line of constant bearing is a curved line, except lines that are exactly N-S. E-W lines have the most curvature or change in bearing Lines approaching N-S have almost no curvature or change in bearing. Make sure you apply the correction for curvature the proper direction. o On NE and SE lines the correction from forward bearing to mean bearing is clockwise. o On NW and SW lines the correction from forward bearing to mean bearings is counter-clockwise. Linear convergency is a function of latitude and area. (See pages 43 45, Course 4, Study Guide) If you have questions or would like to discuss any of the material covered in Assignment #6 call or Ron Scherler, CFedS Training Support, at: Phone: cfedstc@cfeds.org

CFedS Outline Unit 1. Course 1: History, Records & Administrative Systems

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