Abstract
Only two persons can truly resolve a disputed boundary or title problem. Those persons do not include attorneys, title companies or surveyors. And, in a sense, they do not even include judges and juries – at least not of their own volition. In this series of tutorials, we will explore the role that the professional surveyor can and arguably should take in helping property owners establish or maintain their common boundary at the location that they were perfectly satisfied with – at least until the surveyor showed up! In this first tutorial, we will look at the role of the surveyor as related to boundaries, not only from a statutory standpoint, but also as eloquently expressed by renowned Michigan Supreme Court Chief Justice Thomas Cooley in his seminal 1881 treatise “The Judicial Function of Surveyors.” We will also review several examples that demonstrate the problem and alternatives to what is often the standard approach by surveyors.
Pre-Requisite knowledge
There is no pre-requisite for this tutorial other than to be a serious student of boundary surveying with an interest in understanding how surveyors can and should be more proactive in helping property owners maintain the status quo to settled lines without having to resort to litigation.
Learning Objectives
Upon completion of this course, the participant should expect to be able to:
• Explain the traditional and statutory role of the surveyor in establishing or retracing boundaries
• Outline the difference between matters of title and matters of survey
• Identify one of the main problems that surveyors face when surveying boundaries
• Describe alternative actions that surveyors can undertake rather than simply telling clients to “contact an attorney”
