Land Surveying
TYPES OF LEGAL SURVEYS
1) MORTGAGE INSPECTION:
Process:
1.Check latest deeds to property.
2.Check approx. property line location & location of parcel within a block.
3.Examine for apparent encroachments by fences, driveways, & structures.
4.Locate all permanent structures.
5.Show platted easements, ROW, & building lines.
Prepare drawing & report (Signed and Sealed by PLS)
2.) LAND TITLE SURVEYS (ALTA):
Process:
1.Acquire copies of tract deed & all abutting tracts.
2.Establish location of property lines on the ground & monument.
3.Check for encroachments, ROW, & easements.
4.Determine conformity to zoning regulations.
5.Complete Surveyor’s Report Form.
3) BOUNDARY SURVEYS
1.Retracement Rural
2.Retracement Subdivision
3.Subdivision
Must follow in the footsteps of previous Surveyor!
The System of Government Surveys 1892
U.S. Rectangular System
Meridians & Baselines:
35 principal meridians and 32 baselines
Meridian – line runs straight N-S
Baseline – line perpendicular to meridian
Principal Meridian – generally established 1st.
3 govern land in Illinois
2nd - 86°28’00” W long.
3rd - 89°10’15” W
4th - 90°28’45” W
BLM RULES
1. Boundaries of the public lands, when approved & accepted are unchangeable.
2. Original townships, section, and ¼ section corners must stand as the true corners which they were intended to represent whether in the place shown by field notes or not.
3. ¼, ¼ section corners not established in original surveys shall be placed on line connecting section & ¼ corner & midway between, except in the north and west ½ mile of townships & fractional sections.
4. Center lines of a section are to be straight, running from ¼ corner to ¼ corner with center of section at the intersection.
5 In a fractional section where no opposite corresponding ¼ corner has been or can be established, the center line must be run from proper ¼ corner as nearly cardinal as parallelism with sectional boundaries allow.
PRINCIPLES OF PROCESS
1. Original surveys create boundaries. They must be considered in any conveyance made for the purpose of identifying land on the ground prior to or as a consideration of a conveyance.
2. Resurveys of original surveys are for the purpose of relocating the original surveyor’s lines in the same position as they were originally marked and thus they can only be conducted by the entity that created the original boundaries.
3. A subsequent surveyor who follows after the original surveyor, except one who may be in privity with the original surveyor, only conducts a retracement, and such it is open to collateral attack.
4. Original surveys which divide land are or may be regulated by statute or other legislative action, but once conveyance is made according to the land division, the location of the land parcels described is to be interpreted by the courts.
5. The boundary surveyor has no judicial authority when resurveying or retracing boundaries for clients. The force of the property surveyor’s authority is derived from reputation and respect. Judicial authority can only be granted by and through the courts.
6. The surveyor must uncover sufficient facts about the property being retraced: in this sense the surveyor becomes a fact finder. The surveyor must then reach conclusions from the facts; it is the quality of these conclusions that is the mark of a professional.
7. As a minimum, a boundary surveyor who decides to make a survey or a retracement from a written conveyance assumes the responsibility of obtaining copies of: 1.Necessary adjoiner conveyances called for in the legal description furnished.
2.All maps called for.
3.Pertinent recorded adjoining surveys.
4.Public agency maps that are available.
5.In GLO states, government township plats and field notes.
8 The final decision of which documents should be used to locate a parcel should be made by the surveyor.
9. The boundary surveyor does not decide who owns land or rights in land. The surveyor’s responsibility is only to locate land boundaries and, except for special agreements with respect to unwritten rights, only to locate land in accordance with written documents.
10. Surveyors should never agree to locate all existing easements relating to or affecting property; the surveyor should merely agree to locate those easements in accordance with furnished descriptions and those that are visible or of public record.
11. In a description, no one corner, whether monumented or not, is superior to any other corner. Each has equal survey and legal weight in retracing a description.
12. Except where a senior right is interfered with, record or legal monuments, if called for in a conveyance and if found undisturbed, indicate the true intent of original parties and as such control. If called for, monuments that cannot be found or if they are found disturbed, their former position may be identified by competent witness testimony or acceptable physical indicators of boundaries.
13. The surveyor should hunt and search in the field until the best available evidence is found on which to base the boundary retracement survey.
Time should not be a consideration.
14. Possession may memorialize original survey lines and as such may be the best or worst evidence of original lines.
15. An original monument found undisturbed usually expresses the intent of the parties of the conveyance, fixes the point as between the parties, and as such has no error in position. All restored monuments established by measurement have some error in position.
16. The magnitude of permissible uncertainty of measurements is always determined by a courts interpretation.
17. The error of measurement originally permitted when tying original monuments together is independent of the accuracy required to reestablish an original lost monument position.
18. In the absence of the owner specifying an unusually high precision coupled with an accurate survey, it’s presumed that the surveyor will work to that precision consistent with the purpose for which it will be used or the standards of the profession in that locality.
19. Every property survey should result in the preparation and delivery of a report or plat, whether or not it’s to be recorded.
20. The surveyor should conduct each survey as if it will ultimately be presented in court.
FACT FINDING
There are 4 areas of fact finding:
1. Facts furnished by clients
2. Searching pertinent written records and public records – deeds, adjoining descriptions, maps and old field books.
3. Fieldwork – searching for monuments, locating possession and making measurements.
4. Seeking testimony and information from old residents and other surveyors.
FIELD NOTES
Items to include in field notes:
1.Date, name, and address of client.
2.Names of party personnel, position, and duties.
3.Weather conditions and observed temperature.
4.Equipment used (with serial numbers)
5.North arrow with origin of bearing.
6.Description of monuments called for, found, not found and set.
7.Measurements actually made.
8.Corrected distances and angles.
9.Description of monuments set and ties taken to features.
10.Relation of possession to survey lines.
11.Outline of parcel surveyed (highlighted in pencil).
12.Sketch of parcel staked, showing important features.
13.Oaths of witness evidence (if applicable).
14.Names and addresses of adjoiners, old residents.
15.Reference to any records relied on or called for.
UNITS OF MEASUREMENT
Cubit = 18.92”
Span = 1/2 cubit
Palm = 1/6 cubit
Digit = 1/24 cubit
Foot = 2/3 cubit, about 12.16”
Inch
Perch = 16.50’
Chain = 66’
Arpent = 192.50’
1 sq. arpent = .8507 Ac
Exceptions: Louisiana, Mississippi, Alabama, and NW Florida - 1 sq. arpent = .84625 Ac.
Vera = 2.7778’
36 veras = 100.00’
Exceptions: Florida, Mexico, California, Texas
EARLY SURVEYING IN THE US
Early settlements in colonies were established by grants and patents.
Descriptions often ambiguous and far reaching.
Prior to revolutionary war most land was in private hands or direct possession of the colony.
At end of war all lands owned by England went to respective colony without description.
Many of the early surveys consisted of running 2 lines on the ground with 3 corners witnessed.
Meridians & Baselines:
35 principal meridians and 32 baselines
Meridian – line runs straight N-S
Baseline – line perpendicular to meridian
Principal Meridian – generally established 1st.
3 govern land in Illinois
2nd - 86°28’00” W long.
3rd - 89°10’15” W
4th - 90°28’45” W
BLM RULES
1. Boundaries of the public lands, when approved & accepted are unchangeable.
2. Original townships, section, and ¼ section corners must stand as the true corners which they were intended to represent whether in the place shown by field notes or not.
3. ¼, ¼ section corners not established in original surveys shall be placed on line connecting section & ¼ corner & midway between, except in the north and west ½ mile of townships & fractional sections.
4. Center lines of a section are to be straight, running from ¼ corner to ¼ corner with center of section at the intersection.
5 In a fractional section where no opposite corresponding ¼ corner has been or can be established, the center line must be run from proper ¼ corner as nearly cardinal as parallelism with sectional boundaries allow.
PRINCIPLES OF PROCESS
1. Original surveys create boundaries. They must be considered in any conveyance made for the purpose of identifying land on the ground prior to or as a consideration of a conveyance.
2. Resurveys of original surveys are for the purpose of relocating the original surveyor’s lines in the same position as they were originally marked and thus they can only be conducted by the entity that created the original boundaries.
3. A subsequent surveyor who follows after the original surveyor, except one who may be in privity with the original surveyor, only conducts a retracement, and such it is open to collateral attack.
4. Original surveys which divide land are or may be regulated by statute or other legislative action, but once conveyance is made according to the land division, the location of the land parcels described is to be interpreted by the courts.
5. The boundary surveyor has no judicial authority when resurveying or retracing boundaries for clients. The force of the property surveyor’s authority is derived from reputation and respect. Judicial authority can only be granted by and through the courts.
6. The surveyor must uncover sufficient facts about the property being retraced: in this sense the surveyor becomes a fact finder. The surveyor must then reach conclusions from the facts; it is the quality of these conclusions that is the mark of a professional.
7. As a minimum, a boundary surveyor who decides to make a survey or a retracement from a written conveyance assumes the responsibility of obtaining copies of: 1.Necessary adjoiner conveyances called for in the legal description furnished.
2.All maps called for.
3.Pertinent recorded adjoining surveys.
4.Public agency maps that are available.
5.In GLO states, government township plats and field notes.
8 The final decision of which documents should be used to locate a parcel should be made by the surveyor.
9. The boundary surveyor does not decide who owns land or rights in land. The surveyor’s responsibility is only to locate land boundaries and, except for special agreements with respect to unwritten rights, only to locate land in accordance with written documents.
10. Surveyors should never agree to locate all existing easements relating to or affecting property; the surveyor should merely agree to locate those easements in accordance with furnished descriptions and those that are visible or of public record.
11. In a description, no one corner, whether monumented or not, is superior to any other corner. Each has equal survey and legal weight in retracing a description.
12. Except where a senior right is interfered with, record or legal monuments, if called for in a conveyance and if found undisturbed, indicate the true intent of original parties and as such control. If called for, monuments that cannot be found or if they are found disturbed, their former position may be identified by competent witness testimony or acceptable physical indicators of boundaries.
13. The surveyor should hunt and search in the field until the best available evidence is found on which to base the boundary retracement survey.
Time should not be a consideration.
14. Possession may memorialize original survey lines and as such may be the best or worst evidence of original lines.
15. An original monument found undisturbed usually expresses the intent of the parties of the conveyance, fixes the point as between the parties, and as such has no error in position. All restored monuments established by measurement have some error in position.
16. The magnitude of permissible uncertainty of measurements is always determined by a courts interpretation.
17. The error of measurement originally permitted when tying original monuments together is independent of the accuracy required to reestablish an original lost monument position.
18. In the absence of the owner specifying an unusually high precision coupled with an accurate survey, it’s presumed that the surveyor will work to that precision consistent with the purpose for which it will be used or the standards of the profession in that locality.
19. Every property survey should result in the preparation and delivery of a report or plat, whether or not it’s to be recorded.
20. The surveyor should conduct each survey as if it will ultimately be presented in court.
FACT FINDING
There are 4 areas of fact finding:
1. Facts furnished by clients
2. Searching pertinent written records and public records – deeds, adjoining descriptions, maps and old field books.
3. Fieldwork – searching for monuments, locating possession and making measurements.
4. Seeking testimony and information from old residents and other surveyors.
FIELD NOTES
Items to include in field notes:
1.Date, name, and address of client.
2.Names of party personnel, position, and duties.
3.Weather conditions and observed temperature.
4.Equipment used (with serial numbers)
5.North arrow with origin of bearing.
6.Description of monuments called for, found, not found and set.
7.Measurements actually made.
8.Corrected distances and angles.
9.Description of monuments set and ties taken to features.
10.Relation of possession to survey lines.
11.Outline of parcel surveyed (highlighted in pencil).
12.Sketch of parcel staked, showing important features.
13.Oaths of witness evidence (if applicable).
14.Names and addresses of adjoiners, old residents.
15.Reference to any records relied on or called for.
UNITS OF MEASUREMENT
Cubit = 18.92”
Span = 1/2 cubit
Palm = 1/6 cubit
Digit = 1/24 cubit
Foot = 2/3 cubit, about 12.16”
Inch
Perch = 16.50’
Chain = 66’
Arpent = 192.50’
1 sq. arpent = .8507 Ac
Exceptions: Louisiana, Mississippi, Alabama, and NW Florida - 1 sq. arpent = .84625 Ac.
Vera = 2.7778’
36 veras = 100.00’
Exceptions: Florida, Mexico, California, Texas
EARLY SURVEYING IN THE US
Early settlements in colonies were established by grants and patents.
Descriptions often ambiguous and far reaching.
Prior to revolutionary war most land was in private hands or direct possession of the colony.
At end of war all lands owned by England went to respective colony without description.
Many of the early surveys consisted of running 2 lines on the ground with 3 corners witnessed.
