History of SurveyingBoundary RetracementRon W. Householder, PLS, GISP
Kentucky GIS ConferenceSeptember 30, 2013
Overview
Context Definitions Retracement Surveyor as “Detective”
History Ancient Development Common Law and Statutory Law Technology
Evidence and Procedures Common Law Statutory Law Colonial and Public Lands Systems Conflicting elements in Boundary Location
Summary The more things change, the more they stay the same!
Context
Definition Science and art of determining relative positions of points above,
on or beneath the surface of the earth, or establishing such points.
In a more specific real property sense, means and includes any services requiring the determination or location of land boundaries (including their subdivision) and land boundary corners and incidental topography and the preparation of maps.
Boundary Surveying Research and analysis Field work and data acquisition Computation or data processing Mapping or data representation (description) Stakeout
Retracement Follow the “footsteps” of the original surveyor
History
Greeks advanced theory and technology▪ Geometry and the “Diopter”
“Cursed be he that removeth his neighbor’s landmark. And all people shall say Amen.” Deut. 27:17
Romans continued advancement and spread knowledge thorough-out the empire▪ Into France and England▪ Arabs maintained knowledge base during “Dark Ages”
We inherit our system primarily from the British We operate within a system of Rules▪ Common Law▪ Statutory Law
The oldest historical records indicate the beginnings of surveying originated in ancient Egypt (about 1400 B.C.) in a division of lands for the purpose of taxation.
History
Over time the tools improve Science of measurement is
an inexact science Better understanding of
errors and error theory Random and Systematic Errors
Evidence and Procedures
Common Law Unwritten (Case Law) Case Law introduced and affirmed over and over may
become Common Law Same weight as statutory
Statutory Law Written 1st and 14th Amendments
Critical Roles Application – Surveyor▪ Surveyor must have understanding of both Common and
Statutory Law Interpretation – Legal▪ Lawyers and Judges
Land Systems
Colonial 13 Colonies and Texas Patents and Grants▪ Generated $’s and created means
to pay for military service Metes and Bounds▪ First come first served▪ Yielded irregular shaped parcels
with gaps and overlaps▪ Junior and Senior rights apply
Public Lands Rectangular or Government Seven Ranges Survey (1785)
Colonial Kentucky
Colonial 1792 – KY created from a County of VA and granted statehood 1797 – Act of 1797 – Gave 10 months to hear cases then
declared all titles “good” All title ultimately vested in the Commonwealth Metes and Bounds▪ All of KY except for extreme Western portion of state▪ Purchase Area – Rectangular but NOT truly Public Lands
Statutory Law KRS 100 – Planning & Zoning Law KRS 322 – Registration Law▪ Legal role of Surveyor▪ Privileges▪ Recognition (Expert Witness)
▪ Responsibilities▪ Liability for errors
Boundary Location
Boundary is imaginary A legal abstraction
Written description (Deed) is evidence of a Boundary
Ownership is a collection (bundle) of rights Order of Importance of Conflicting Elements
that Determine a Boundary Location: An unwritten right Senior right Written intention of the parties:▪ Call for a survey▪ Monuments▪ Distance▪ Direction▪ Area▪ Coordinates
Summary…
Tools and data sources change rapidly Laws evolve slowly over time For the Surveyor much is still the same…
Research▪ Deeds/Plats (Clerk’s Office)
▪ Subject property and adjoiners
▪ Ownership (PVA)▪ Subject property and adjoiners
▪ Parole Evidence Field Survey Computations/Boundary Resolution
▪ Cogo▪ Aerial, Topo, Historical Maps, Highway Plans, etc.▪ Determine Boundary Location and Identify conflicts and report conflicts to client▪ Surveyor ‘s job is APPLICATION of the Law, NOT INTERPRETATION
Stakeout The Surveyor’s Quasi-Judicial Role
Toga and sandals to GPS surveys and CAD/GIS The History “Detective”
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