Question

TRUE or FALSE: The best evidence of the intent of a survey is the testimony of the surveyor who performed the survey. Why or why not?

Answer 1

False

In the orderly process of performing a property survey, the surveyor
follows nine steps, usually in this order to perform a complete job.
1. He obtains (often, from the client) written evidence of title in the form of a deed, abstract, or
title policy.
2. He seeks evidence of maps, field notes, county and city records of surveys, state and other
public agency records of surveys, and all written records that disclose evidence of
monument positions pertaining to the survey.
3. He reads adjoiner deeds for evidence of seniority or conflicts.
4. He goes on the land and seeks evidence of existing monuments and evidence of possession
and usage.
5. He may seek testimony (evidence) of the existence and location of old monuments.
6. He makes measurements from found monuments to determine search areas or locations to
dig for missing monuments, and he makes measurements (also evidence) to tie found
monuments together.
7. He makes calculations (also a form of evidence).
8. From the evidence of monuments, measurements, testimony, and computations, he comes to
conclusions in accordance with the law of evidence.
9. He uses measurements to set new monuments in accordance with his conclusions.
Before a surveyor obtains knowledge of all the available evidence, it is almost impossible to make
a correct boundary location. There is an old saying, change the evidence and you change the law.
The important aspects of property surveying are the ability to search, find, and discover all
available evidence and the ability to arrive at conclusions about where boundaries belong in
accordance with the laws of evidence and the laws of boundaries. A surveyor may be able to
compute, make drawings, use instruments, and stake engineering projects, but he is not qualified to
make property locations until he understands the law of property lines and the law of evidence.