The Surveyor’s Judicial Role Series 4

Gary Kent PS

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Course Description

In The Surveyor’s Judicial Role series of tutorials, we propose a broader role that the professional surveyor should arguably take in helping property owners avoid the expense and angst of unnecessarily litigating boundaries when there has been acquiescence to an accepted line by both owners.  In this fourth tutorial, we explore the genesis of a conflict that surveyors very frequently find themselves in, even though they do not even recognize it. In order to help surveyors have the confidence to fulfill the expanded role we are proposing, this tutorial breaks down typical scenarios that surveyors encounter and spells out alternate steps rather than the traditional ones which leave neighbors in litigation and neighborhoods in disarray.

Pre-Requisite knowledge

It is highly recommended that the first three tutorials of The Surveyor’s Judicial Role Series be viewed before taking this tutorial, although it is not completely necessary. Otherwise, the only pre-requisite for this tutorial is having an interest in understanding how the surveyor’s ‘traditional’ role can be broadened to help neighbors avoid litigation and formalize boundaries to which they have long-acquiesced.

Learning Objectives

Upon completion of this course, the participant should expect to be able to:

  • Describe the inherent conflict between what surveyors do and what property owners think they do
  • Explain the responsibilities of the surveyor as espoused by Michigan Supreme Court Justice Thomas Cooley
  • Outline the primary responsibilities of the professional surveyor when faced with potential boundary or title conflicts
  • Identify the rules of construction when there are conflicts in title evidence related to sequential conveyances
  • Design an approach that a surveyor could take to mitigate or prevent litigation when faced with a boundary or title conflict

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