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Preparing A Survey: - The Focus
Preparing A Survey: - The Focus
Preparing a Survey
Report—The Focus
ome states require survey Adjoining records starting in 1912, as
reports. All surveyors Corner 3 first cited in deed book 384, page 321,
should consider preparing call for a “sugar” to mark the corner.
survey reports at the cul- A diligent search in the area revealed
mination of a retracement a badly decomposed 38 inch diameter
survey. Unfortunately, Sugar Maple stump. A 12 inch hemlock
the preparation of a survey report is not tree with three 45 year old blazes face
covered in most academic programs and the sugar maple stump. (The age of the
is seldom adequately explained in the blazes was determined by a boring into
apprenticeship period prior to profes- the tree.) The hemlock is 9.8 feet from
sional licensure. Accordingly, many the stump.
surveyors seek guidance when preparing The maple stump marks the corner
a survey report. location. The maple stump is the
There is no mandatory format for original maple based on the appear-
survey reports. Contents often vary ance, size, species, and the apparent
depending on the whim of the surveyor. age of the stump. The presence of
Most surveyors agree that the survey blazes, age of blazes, and orientation of
report should provide an explanation or the blazes on the hemlock tree strongly
rationale for the surveyor’s opinion. (The suggest the hemlock is a witness to
surveyor’s opinion is summarized on Corner three is the northwesterly corner the maple’s location. Finally, there is
the plat and narrated in the description.) of the client’s parcel. The corner was reasonable correlation between record
Accordingly the survey report should, at created during a division of property by and retracement measurements from
the very least, provide a clear, complete, Owen King in 1903 and first described other corners measured to the stump. A
and concise basis for the surveyor’s in deed book 343, page 19 (operative reasonable and rational analysis of the
opinion on the location of the corners and conveyance). The corner was marked information lead to the logical conclu-
boundaries that are shown on the plat. and described by a “blazed sugar sion that the stump is more likely than
The following example format maple” in the aforesaid deed and not the remains of the “blazed sugar
incorporates five parts. First, it sum- subsequent deeds in the chain of maple” cited in the operative deed.
marizes historical boundary information records. In 1968, the description of the The rules of construction fix the loca-
from the client’s and adjoiner’s chain of corner monument was changed to be tion of the corner at the position of the
records. Second, it provides a summary of a “maple stump” described in deed original monument cited in the operative
information discovered in the field. Third, book 1832, page 129. Later deeds also conveyance (i.e., the maple stump).
it provides both rational and reasonable call for a “maple stump,” including the A 5/8 inch diameter rod, 3.5 feet long
arguments leading to a logical basis for present conveyance. was placed in the middle of the stump.
an opinion. Fourth, it states the rules of
construction that control. Finally, it states
the present monumentation of the corner.
Consider the following example, where
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monumentation that appears to be the
original monumentation was found: By Knud E. Hermansen, PhD, LS, JD
Displayed with permission • The American Surveyor • February • Copyright 2008 Cheves Media • www.Amerisurv.com
The rod is topped with a yellow, plastic corner suggests that the object does aforesaid deed. Subsequent deeds in
cap containing the surveyor’s name and in fact mark the original location of the the chain of records continue to call for
license number. corner. Furthermore, given the close a post to mark the corner.
proximity of the dates when the post was Adjoining records starting in 1881, as
■■ The following is an example narrative placed and when the fence was erected, found in deed book 103, page 102, also
in the survey report where monumenta- it is a logical and reasonable assumption call for a “post” to mark the corner.
tion is found that is not the original that the builder(s) of the fence saw the A diligent search in the area failed
monumentation but accepted as marking post and built the fence to conform to to reveal the remains of a post or any
the corner: the location of the post. Therefore the indicia of possession that would rea-
fence serves as evidence of where the sonably conform to the record bound-
post formerly stood. There is reasonable ary. A 7/8 inch diameter reinforcing rod
Corner 1 correlation between the record measure- protruding 1.4 feet above ground level
ments and retracement measurements was found in the area. The reinforcing
from other corners to the stones. rod appears to be recently set. The
Based on the long standing accep- person who set the rod is unknown.
tance of the stones as the corner, close The location of the post was rees-
conformity to long standing possession tablished using record measurements
lines, and reasonable correlation measured from undisputed corners
between record and retracement mea- after correction for magnetic change,
surements from other corners make it The former position of the post is
more likely than not that the pipe and established S17˚ 20' 30"E 12.32 feet
stones are in the former position of the from the rod found.
“post” or “cedar post.” A 5/8 inch diameter rod, 3.5 feet long
The rules of construction fix the was used to mark the corner. The rod
location of the corner to be the position is topped with a yellow, plastic cap
of the original monument (“post”) cited containing the surveyor’s name and
in the operative conveyance. license number.
A 5/8 inch diameter rod, 3.5 feet long
Corner one is the southwesterly corner was placed in the middle of the pipe ■■ Boundaries can be similarly dealt
of the client’s parcel. The corner was and stones. The rod is topped with a with in the survey report. Consider the
created during a division of property by cap containing the surveyor’s name and example where a blazed line is the best
Owen King in 1903 as first described license number. evidence of the record boundary as the
in deed book 343, page 19 (opera- following example shows:
tive conveyance). According to the ■■ Finally, consider the following
operative conveyance, the corner was example where no reliable monumenta- Boundary 3-4
marked by a “post.” Subsequent deeds tion is found and the corner location is
in the chain of records continue to cite fixed by other methods:
a “post” to mark the corner.
Adjoining records starting in 1912, as Corner 5
found in deed book 384, page 321, call
for a “cedar post” to mark the corner.
A diligent search in the area using a
metal detector revealed a 1-inch iron
pipe buried 0.2 feet under the ground
surface. The pipe is surrounded by
stones ranging in size from 5 to 10
inches. Rusted remains of a barbed
wire fence were discovered on or near
the pipe extending toward corner 2 and
corner 6. Remains of the fence found
in living trees indicate the fence was
erected more than 70 years previously.
The westerly neighbor, Julia Smith, Boundary 3-4 is along the northerly side
who has lived on the neighboring prop- of the client’s parcel. It was created
erty for 52 years, states the stones were during a division of property by William
known to mark the common corner all Long in 1912 as first described in deed
the time she owned the property. She Corner five is along the easterly side of book 408, page 523 (operative convey-
states that her father, who owned the the client’s parcel. It was created during ance). The description calls for the
property previous to her ownership, a division of property by Ebenezer Liam boundary to be “South 77 & ½ degrees
believed the stones marked the corner. in 1878 as described in deed book 103, East a distance of 16 and ½ rods along a
Long standing and uncontested page 78 (operative conveyance). The wall and blazed line.” Adjoining records
acceptance that an object marks a description calls for a “post” in the continue to cite the aforesaid course.
Displayed with permission • The American Surveyor • February • Copyright 2008 Cheves Media • www.Amerisurv.com
LOCATE WITH The client’s records starting in 1915, King in 1903 as first described in deed
YOUR BACK.
the remains of a stone wall beginning 1968, the boundary was cited to be
and extending 120 feet from corner 3 “North 17 degrees 15 minutes West,
NOT THAT YOU’D WANT TO, BUT THE POINT IS YOU CAN. toward corner 4. Two maple trees (30 204.6 feet” as described in deed book
inch diameter and 25 inch diameter) 1832, page 129. Subsequent deeds cite
with blazes were found between corner the last mentioned course.
3 and corner 4. Adjoining records starting in 1912, as
Displayed with permission • The American Surveyor • February • Copyright 2008 Cheves Media • www.Amerisurv.com