The Art and Science of Boundary Re-establishment · Boundary Re-establishment ABCLS Student...

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The Art and Science of Boundary Re-establishment

ABCLS Student Workshop March 2012

© 2012 Minda C. Riley

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Presentation Notes

Intro: This is the 5th annual Student Workshop. A big thank you to the CPD committee members, Chuck and everyone who has volunteered their time over the last five years to bring these presentations forward. This year’s presentation was inspired by feedback from the ABCLS Board of Examiners. The presentation is broken into 3 parts: - First we will look at boundaries in general, and the importance of our role as land surveyors in establishing boundaries. - Then we will move on to boundary re-establishment, focusing on the principles behind boundary re-establishment - Last we will look at some practical steps when undertaking a boundary re-establishment, including photos of evidence.

Presenter

Presentation Notes

This photo sets the stage for today’s presentation… In the back ground there is a nice reference post with the words “DO NOT DISTURB”. Surveyors can really appreciate this sort of photo. Ideally, we would like easily located survey evidence in pristine condition – it would make our task easier (and perhaps boring). What is important is to know what to do, and how to go about it when you arrive at parcel corners such as this one. In researching this presentation, I found numerous great resources from across Canada, and from Australia, New Zealand and the United States. I will be referring to some of these resources throughout. I have listed the resources at the end of the presentation – and will make the slides from today available on the ABCLS web site. In BC we have a wonderful resource – the ABCLS Professional Reference Manual is an essential tool for BC land surveyors. I have referred to the Professional Reference Manual throughout this presentation. In particular, chapter 8 focuses on the principles of boundary re-establishment. The Professional Reference Manual can be found on the ABCLS web site in the “members’ area”.

What is a parcel boundary?

BOUNDARIES

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Presentation Notes

Let’s talk about boundaries. What is a parcel boundary? Simply put… parcel boundaries are the extents to which titles are based. They are something that people heavily rely and depend on, and fight over. There is usually a misunderstanding of how boundaries are defined. (“I own to this fence…) There also generally seems to be a misunderstanding about the expertise required to appropriately establish and re-establish parcel boundaries. (bring your GPS…) As land surveyors, we need to understand the legal basis for land tenure, and the extent of our role as professionals. We are the experts.

“At all times, the location of a boundary of

a parcel is a question of fact to be based

on evidence.”

ABCLS Professional Reference Manual, 8-1

PARCEL BOUNDARIES

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Presentation Notes

When it comes to boundaries, land surveyors are classically doing one of two things: - Establishing, or - Re-establishing Beyond that, we are identifying features or improvements and so on… When re-establishing, land surveyors have an obligation to follow governing principles, including the “hierarchy of evidence”. We need to remember that, “At all times, the location of a boundary of a parcel is a question of fact to be based on evidence.”

ESTABLISHING BOUNDARIES

vs

RE-ESTABLISHING BOUNDARIES

PARCEL BOUNDARIES

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Presentation Notes

Now let’s take a brief look at the difference between establishing and re-establishing boundaries. The Land Surveyors Act states that only a BCLS may establish or re-establish property boundaries or corners and only a BCLS may provide an opinion as to the location of a feature or improvement relative to a parcel boundary or corner. On one hand we are creating a legacy, and on the other hand we are tracing the legacy of another land surveyor. Both pertain to the stewardship of the cadastre. As land surveyors, we must adhere to the rules and regulations governing both.

ESTABLISHING BOUNDARIES

PARCEL BOUNDARIES

Land surveyors setting evidence, creating new parcels by demarcating the boundaries thereof and delineating those boundaries on a survey plan, then filing the plan as a record of evidence.

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Presentation Notes

When we are ESTABLISHING boundaries, we play a role in the creation of new parcels by: -setting survey evidence to represent new boundaries -delineating those boundaries on a survey plan, then -filing the plan as a record of evidence I will elaborate on the importance of land surveyors and their role… In BC, as in most places in the world, the health of the economy can be tied to land. The role of BC land surveyors is critical to the economic stability of the province as are the impartial stewards of the cadastral fabric upon which the provincial economy is based. You can see why it is critical that land surveyors carry out their duties with diligence and care, and always strive to maintain (at the very least), and improve when possible, the parcel fabric of BC. Let’s move on to re-establishment…


“The guiding principle for boundary re-establishment is to use the best evidence available in each situation to attempt to replace the property corners, and the boundaries they are set to represent, in the same location as the original survey.”

ABCLS Professional Reference Manual, 8-1

PARCEL BOUNDARIES

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Presentation Notes

“The guiding principle for boundary re-establishment is to use the best evidence available in each situation to attempt to replace the property corners, and the boundaries they are set to represent, in the same location as the original survey.” (this is right out of the PRM) SIMPLY PUT: Retracement and Re-establishment of boundaries is a process of gathering the best evidence available to arrive at an opinion of the location of the boundaries. The principle is simple in theory, but can be challenging, complex and time consuming in reality.


“ … the surveyor not only possess skill in

measurement, but an analytical mind, capable of building up from the physical features, a relationship between the old and the new …. ”

Guidance Note 3 – The State of Victoria, Department of Sustainability and Environment

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Presentation Notes

In writing about boundary re-establishment in the 1960’s, Australia’s Surveyor-General provided this timeless thought…. “The surveyor not only possess skill in measurement, but an analytical mind, capable of building up from the physical features, a relationship between the old and the new….” He went on to say that the ability to interpret physical evidence and the underlying plans is what separates the land surveyor from the survey technician (or technologist). Developing the skills to retrace previous surveys and analyze the evidence found takes practice and experience, which is why becoming a land surveyor requires mentoring.

“Retracement is a surveying method for resurrecting evidence of the location of a once established property corner. It’s aim is to follow, as closely as possible, in the footsteps of the original surveyor and re-establish property corners in the exact position in which he originally placed them.”

Rules of the Game: Griffin’s Survey Methods: Retracement, Donald A. Wilson, LLS, PLS


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This comes from an article in the March 2009 Professional Surveyor Magazine: “retracement is a surveying method for resurrecting evidence of the location of a once established property corner. It’s aim is to follow, as closely as possible, in the footsteps of the original surveyor and re-establish property corners in the exact position in which he originally placed them.” Again, the principles of boundary re-establishment include using the best evidence available and retracing the footsteps of the original surveyor. Now, let’s look at some key points regarding boundary re-establishment…


An ART and SCIENCE

The land surveyor’s DUTY

The land surveyor’s OPINION

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Presentation Notes

1. Boundary Re-establishment is both an art and a science. To me the science means the necessary structure, methodology, precision and accuracy required. It includes the all the mathematical fundamentals, or in other words the ‘technical’ aspects. The art implies the expertise, knowledge, finesse and grace behind the research, field work and analysis, arriving at a professional opinion. (watching an experienced land surveyor in action… not fumbling around) No two parcels are alike, so experience plays an incredibly important role, requiring time to master. 2. The land surveyor has an obligation to take their duty to the public interest and to the cadastre seriously re-establishing parcel boundaries with care and diligence. The PRM advises that… “The primary duty of a land surveyor to correctly ascertain the position of pre-existing boundaries…. since a land surveyor has no arbitrary powers to re-define the positions of pre-established boundaries, it is important to keep in mind that all evidentiary decisions are subject to judicial review.” (PRM 8-7) 3. The land surveyor’s OPINION When you arrive at your professional opinion by using the best evidence available; applying the appropriate methods of reconstruction; and being mindful of your duty to the public, your opinion should be able to stand up to scrutiny. A land surveyor’s plan is a statement of their professional opinion, and is subject to objection. Therefore, it must meet the burden of proof required by common law.

1. Evidence of Natural Boundaries


Hierarchy of Evidence

2. Evidence of Original Monuments

4. Plan Measurements

3. Evidence of Possession

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Presentation Notes

Next let’s go through the hierarchy of evidence. The following is found in the PRM. Remember, the location of a parcel boundary is based on evidence. The orders of reliability of evidence reflect those things the courts have found to be least likely of error. Natural Boundaries Although this is the highest importance, they are not necessarily helpful with the practical problems of boundary retracement. In particular, water boundaries, are dynamic over time and often incapable of really accurate definition. Original Monuments, in their undisturbed original location Finding original monuments can be challenging. Most surveys up to the 1940’s used wooden posts, which are now in various stages of decay. Items like pottery or glass shards may be just under the surface, so careful digging is important. Land surveyors need to critically analyze all evidence found, including how that evidence may have been interpreted by those re-establishing boundaries before us. We should be asking ourselves questions like: -Are we confident what we found is original evidence? -Is the condition consistent with what we would expect? -If the evidence is secondary, was it re-established using original evidence? It may be difficult for newer land surveyors to critically analyze work done by those before, due to a lack of confidence and experience. Remember that it your job to analyze and question – not blindly accept. It’s also important to know that prior to 1962 the filing of posting plans at the LTO was not a requirement. Many re-establishments not part of a subdivision or reference plan, prior to the 60’s, are not officially recorded. In the years since, has been a general attitude regarding these unregistered monuments as inferior. I suggest that unregistered monuments have the same consideration as any other secondary monumentation, because we have to start with the assumption that monuments set by land surveyors, registered or not, were done so with the necessary due diligence, but still subject to the same scrutiny. Evidence of Possession, that can be related to the original survey Fences, particularly in rural areas, and building corners, particularly in urban areas, are good examples of occupational evidence. It is important to be able reasonably relate the timing of construction of the improvements to a time period when the original survey evidence is likely to have been in place. (just because there is a rock wall along an apparent property line does not mean it is evidence of that boundary!) And lastly plan measurements Plan measurements having the least weight as evidence is not meant to discredit land surveyors. There is more to fixing a boundary than using measured dimensions from other points, which may be equally uncertain in position. Monuments, on the ground, representing original surveyed lines, whether portrayed well on a plan or not, are the long-accepted features to which property owners have lived quietly, and therefore cannot be lightly upset. It is important to note that judicial decisions may take precedent over this order of importance. Land Surveyors should always be aware of current court rulings and how they apply to parcel boundary reconstruction.

Can you see the wooden post?

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This photo shows how challenging searching and finding evidence can be, requiring a lot of time and investigative work.

Original Evidence of a Section Corner

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Section Corner Post and a stone mound…. A great example of how original evidence can really look after nearly a century. As you look at this photo consider what it would be like if the wood post was missing. Sometimes you are looking for the most discrete traces of original evidence.

Wonderful example of Original Evidence

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Here is a terrific example of an Original wooden post.

Remnants of a wooden post

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Here is another example of remnants of a wooden post. Note that in burned areas, the post hole is sometimes the only remaining evidence. You should never assume that there isn’t a chance that at least traces of original monument still exists.

When is a monument Lost or Obliterated ?


Corner vs. Monument

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Next I would like to go over some terminology relating to boundary re-establishment. Let’s talk about corners and monuments. The terms "corner" and "monument" are not interchangeable. A "corner" is a point determined by the surveying process. A "monument" is the object marking the corner point. Therefore, if a corner is missing, it really means that the monument that was set to mark it is either lost or obliterated. Now, let’s look at what LOST and OBLITERATED mean….

Obliterated


Lost “the position of the monument must be re-established, and can be re-established only by measurements from some other monument or monuments to which the lost monument was previously connected by survey.”

“the monument is no longer observable but can be restored with confidence from traces remaining on the ground of the original monument or from other physical evidence of the position of the original monument.”

ABCLS General Survey Instruction Rules: V3.1

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The General Survey Instruction Rules defines Lost and Obliterated in terms of monuments. LOST means “the position of the monument must be re-established, and can be re-established only by measurements from some other monument or monuments to which the lost monument was previously connected by survey.” Therefore, a lost corner is a point of survey whose exact location cannot be reasonably determined because there are no remaining traces of the original monument or its accessories. The original location can only be restored by reference to one or more interdependent monuments. Restoration of a lost corner should not be considered until every other means of identifying its original position have been exhausted. OBLITERATED means “the monument is no longer observable but can be restored with confidence from traces remaining on the ground of the original monument or from other physical evidence of the position of the original monument.” So an obliterated corner is a point that can be reasonably determined because the position of the monument representing it is preserved, either by traces of the original monument or by other evidence, although the monument itself has partly or entirely missing.

The Art and Science of Boundary Re-establishment · Boundary Re-establishment ABCLS Student...

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