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”