Saturday, May 30, 2015

Nuggets of Truth pertaining to the Resolution of Property Boundaries

The following are some quotes from reputable texts pertinent to the process of determining the location of property boundaries.
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Quotes from Boundaries and Landmarks, A Practical Manual, by A. C. Mulford, 1912

“Since no two problems present exactly the same complications, it is useless for any one to attempt to lay out any fixed rules of procedure, yet it may be fairly said that from experience each surveyor acquires a certain amount of definite information concerning boundaries and landmarks and certain definite conceptions concerning the relative importance of different kinds of evidence, both direct and circumstantial. He is compelled to formulate for his own use certain general methods of procedure, and it is probable that the methods worked out by different surveyors bear a much closer resemblance to each other than would be supposed at first thought.” (page 2)

"... when it comes to a question of the stability of property and the peace of the community, it is far more important to have a somewhat faulty measurement of the spot where the line truly exists than it is to have an extremely accurate measurement of the place where the line does not exist at all." (page 3)


"For the solution of these problems [of boundary location] no general rules can be laid down; each man must work out his own salvation." (page 87)

"The problems of boundary lie at the foundation of all surveying, for one must know where a line is before he can measure it, and the solution of these problems calls for the same powers of accurate observation and of consecutive and logical thought that are demanded for successful work in any branch of modern science. It is needless to say that the successful surveyor must be accurate in his instrument work and in his computation; yet, if he would really succeed, he must go beyond this. He must add to this the patience to collect all the evidence which can be found bearing upon the case in hand, together with the ability to weigh this evidence to a nicety and to determine clearly the course pointed out by the balance of probability." (pages 87-88)

“The watchwords of the surveyor are Patience and Common Sense.” (page 88)

“Dishonesty in ordinary business life cannot long be hid and errors in accounts quickly come to light, but the false or faulty survey may pass unchallenged through the years, for few but the Surveyor himself are qualified to judge it.” (page 89)


Quotes from Boundary Control and Legal Principles, Third Edition, by Curtis M. Brown, Walter G. Robillard and Donald A. Wilson, 1986.

“When proving that a monument or line is an original, the surveyor must know what older surveyors usually set, how they made their measurements, and how lines were marked.  Thus some knowledge of history and the law of evidence is essential.” (page 1)

“Land surveyors, when locating land boundaries, are charged with the responsibility of adequately gathering facts, correctly evaluating them, and arriving at conclusions of law.” (pages 365-366)

“The three main causes of disagreement between surveyors are (1) failure to locate all of the documents that give essential information about the area being surveyed, (2) inadequate field search for monuments, and (3) incorrect interpretation of evidence or the meaning of documents.” (page 371)

“A diligent, thorough, and complete search for all evidence is the fundamental essence of land surveying.  Failure to find an original monument position can only lead to the possibility of future litigation and can impart liability upon the less than diligent surveyor.” (page 372)

“The objective of the resurveyor is to locate where the original surveyor ran his lines on the face of the earth, and this determination should be in accordance with the best available evidence.  At times possession may be the best available evidence remaining, but such a determination should only be made after a complete analysis of all the evidence, such as the age of fencing, ring count in overgrowth on tree blazing, and the collection of testimony.” (page 372)

“Since evidence varies in degree of importance, the surveyor must have knowledge of the order of importance of evidence and must locate land boundaries in accordance with the best available evidence.” (page 373)


Quote from Evidence and Procedures for Boundary Location, Third Edition, by Curtis M. Brown, Walter G. Robillard and Donald A. Wilson, 1994.

“In attempting to survey and locate a described parcel of land, the only permanent and correct location of its boundaries is where a court of competent jurisdiction would locate them.  To know where a court would locate property boundaries, the surveyor must have expert knowledge of the laws of boundaries.  Yet regardless of where the surveyor would locate the boundaries of the parcel, the final decision is nothing more than an opinion of the evidence and this is always subject to review by the courts. [emphasis in the original] (page 2)


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compiled by Steven E. Weible

Monday, May 25, 2015

May 25, 1973 Missouri State Land Survey Authority Meeting Minutes

MINUTES OF MEETING
State Land Survey Authority
May 24-25, 1973

     A meeting of the State Land Survey Authority was held May 24th and 25th at the State Land Survey Authority Building, Rolla, Missouri. Following a 6:00 p.m. dinner, May 24th, James Anderson, Richard Barr, Willard Eckhardt, Larry Fellows, Daniel Kennedy and Robert Myers met at the SLSA building to discuss proposed projects, equipment purchases, and personnel for Fiscal Year 1973-74. The meeting adjourned at    p.m. Discussion of the above items resumed at 8:00 a.m., May 25th at the SLSA building. Dr. Fellows was absent on that date.

     At 10:15 a.m. the regular meeting of the SLSA was called to order by Chairman Daniel Kennedy. Present besides Mr. Kennedy were James Anderson, Richard Barr, Willard Eckhardt, Wallace Howe and Robert Myers.

     The minutes of the April 16, 1973 meeting were reviewed and approved as written.

     A revised draft of Section 16.120, part (a), of the State Land Survey Authority Personnel Policies and Procedures relating to the use of state vehicles, submitted by Mr. Eckhardt was discussed. Mr. Eckhardt made a motion that the last five words, ...."particularly in Rolla and vicinity," be deleted from the draft and Section 16.120, part (a) be adopted as revised. Motion approved.

     Mr. Myers reported the following revision of sick and annual leave policies by the State of Missouri had been received:

          1) Employees shall be allowed to accumulate sick leave
             without limit (Rev. Eff. 3/9/73).

          2) Each regular or probationary employee shall be entitled
             to annual leave with full pay computed at the rate of
             1 1/4 working days for each calendar month of service.
             Employees who have completed 10 years of service shall
             earn leave at the rate of 1 1/2 days per month; and
             employees who have completed 15 years of service shall
             earn leave at the rate of 1 3/4 days per month.
             (Rev. Eff. 1/1/73).

     May trial-balance sheet was received and noted.

     Mr. Myers stated that a letter requesting release of the 3% reserve in Personal Services had been submitted to the Budget Director. The 3% reserve is necessary to meet June payroll obligations.

     A prior request for release of the 3% reserve in Equipment Purchase and Repair has received approval from the Director of Budget. This amount ($600) will be applied to purchase of a White Printer.

     Mr. Myers reported the following operations contracts have been submitted to the Division of Procurement for approval:

          1) Riddle Engineering Co. - $4220; additional work on the
             Pattonsburg project for field evaluation of computed
             corner locations.

          2) Garald Randall - $2,000;
             Liberty, Missouri reconnaissance project.

     The following items have been let for bid:

          1) Printing of four SLSA publications

          2) Concrete survey monuments

     Mr. Myers reported on the following items of interest:

          1) The request from the Park Service for a cooperative
             project had not materialized, but the SLSA will work
             with the Park Service on standards, forms and any
             way possible.

          2) Four University of Missouri--Rolla students are working
             part time at microfilm indexing or with the surveyor,
             as needed. Two of the students are working through the
             UMR Student Financial Aid Program and two are on
             contract.

          3) Status of current legislative bills:

               a) H.B. #4 - In Conference Committee

               b) H.B. #9 - On House Floor

               c) H.B. #138 - In 3rd reading

               d) H.B.-S.B. #77 - In Conference Committee

          4) Status of present SLSA projects:

               a) Iron County. Work has progressed well; distance
                  measuring has been completed and Mr. Brown is now
                  turning angles.

               b) Microfilming of Greene County survey records is
                  near completion, and plans are to microfilm the
                  records of the Office of Land Clearance after
                  completion of Greene Co.

     Meeting adjourned for lunch at 11:30.

     At 1:00 p.m., Mr. John Cooper, Director, Division of Design and Construction met with Mr. Myers and members of the State Land Survey Authority to discuss SLSA capital improvement plans and coordinate these improvements with the long range housing plan for the Authority.

     The next meeting of the Authority will be June 21st at the State Land Survey Authority Building.

     Meeting adjourned at 2:45 p.m.


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transcribed by Steven E. Weible

Sunday, May 10, 2015

April 16, 1973 Missouri State Land Survey Authority Meeting Minutes

MINUTES OF MEETING
STATE LAND SURVEY AUTHORITY
April 16, 1973

     The meeting of the State Land Survey Authority was called to order at 9:00 a.m., April 16th, 1973 by Chairman Daniel Kennedy, at the Land Survey Authority Building, Rolla, Missouri. Present besides Mr. Kennedy were Messrs. Richard Barr, Willard Eckhardt, Larry Fellows and Robert Myers. Mr. James Anderson joined the group at 11:30 a.m.

     Minutes of the March 8, 1973 meeting were reviewed. Minor changes were suggested. Minutes approved as corrected.

     Minutes of the March 24, 1973 Executive Meeting were reviewed and approved.

     Discussion of Authority member per diem and out-of-state travel was deferred until later in the meeting when all members could be present.

     Revision of specific sections of the SLSA Rules and Regulations were approved as per the attached sheets.

     Revision of Section 16.120, subparagraph (a) will be drafted by Mr. Eckhardt and presented for approval at the May meeting.

     Out-of-state travel for SLSA personnel was approved according to revised Rules and Regulations, section 12.050 (copy attached).

     A paper entitled, "The United States Public Land Survey Within Missouri -And Its Preserver- The State Land Survey Authority", written by Dr. C. V. Mann, Rolla was reviewed by Authority members. It was agreed that Mr. Myers write a letter of appreciation to Dr. Mann on behalf of the SLSA.

     Adjourned for lunch.

     Mr. Anderson was present at the meeting at this time. Authority member per diem and out-of-state travel was discussed. It was agreed that increased funds should be allowed in the 1974-75 budget for per diem payments. No additional regulations were made on Authority member out-of-state travel.

     Mr. Myers stated that three bids had been received for removal of four trees on the SLSA grounds. Mr. Anderson made a motion that the trees be removed before planting new trees. Seconded by Mr. Barr. Motion carried.

     As requested by Authority members at the March 8th meeting, Mr. Myers and Mr. Jacobs presented more detailed plans for expansion in the present SLSA facility. Mr. Jacobs presented diagrams and cost estimates for this expansion and also for a new building on a proposed site now the property of the University of Missouri--Rolla.

     Authority members agreed that the SLSA should take necessary steps in an attempt to obtain resources to maintain the present facility and make needed improvement for expansion and for construction of a separate vault at the present site. Mr. Myers will write a letter to Mr. Robert James, Assistant to the Governor, inviting him to attend the SLSA meeting on May 24th or 25th in order to acquaint Mr. James with the long-range program of the SLSA.

     The March trial balance sheet was received and noted.

     HCSHB #419 and SCSB #77 were reviewed.

     Mr. Myers reported a total of $2425 had been received from the Supplemental request. Of this amount $1425 was appropriated to Personal Services and $1000 to Operations.

     Mr. Myers reported the House Committee's recommendation for 1973-74 budget as follows:

                 Personal Services           $129,245
                 Equipment Purchase & Repair   70,000
                 Operations                   100,000
                            Total........... $299,245

     The following changes were approved in the text of the "Minimum Standards for Property Boundary Surveys" before publishing:

     Section 10.050, subparagraph (3), line 1, change 0.125 inches to 0.080 inches.

     Section 10.050, subparagraph (12), delete in its entirety.

     Section 10.060, line 2, delete word "minimum".

     Section 10.080, Table, Resources Development Area, Part C, change 1:10,000 to 1:5,000.

     Mr. Myers reported he had been contacted concerning participation of SLSA personnel in a tentative training program for surveying registration applicants. This program is to be sponsored by St. Louis Section MARLS and UMR Extension Division. Authority members approved participation of SLSA personnel in this program on their own time and to receive compensation for this participation.

     The following projects were suggested for expenditure of funds during the fourth quarter:

     1. Smithville project.

     2. Control work in Kansas City, Liberty or Independence areas.

     3. Springfield coordinate work.

     4. Contractural work to run a series of traverse lines in the State for use in obtaining coordinate values.

     5. Completion of Pattonsburg project.

     6. Verification of old surveys from Dept. of Interior-Geological Survey traverse books.

     7.Increase in printing allowance.

Projects approved for expenditure of funds are as follows:

     1. Completion of Pattonsburg project - estimate $3,000+.

     2. Printing of Publications - estimate $2,500.

     3. Liberty Coordinate System - estimate $4,000 or balance of funds available.

     Mr. Myers reported that photography on the Iron Co. project has been completed. Mr. Brown will be working in the area with the geodimeter in the next few days.

     May meeting is tentatively planned for May 24 and 25.

     Meeting adjourned at 4:15 p.m.

[transcriber's note: items noted as being attached are not transcribed herein]


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transcribed by Steven E. Weible