“Well-Reasoned Boundary Survey? Staking the Deed? What’s the Difference?” Part 3
Now that we have finished setting up our thought exercise, we are now left with the question: What is it about the two different philosophies that we have been discussing, (“Staking the Deed” and a “Well-Reasoned Boundary Survey”), which result in such drastic differences in fees?
A drastic difference in fees is based upon how each surveyor answers a decidedly different question: Who is ultimately responsible to determine the location of the boundary on the ground? Surveyor A (the deed staker) says “Not me.” Surveyor B emphatically says, “Me”.
Surveyor A does not believe that he is responsible for determining the location of the boundary on the ground. He believes that the Deed, imperfections and all, is all that he is responsible for translating and marking. Because of this belief, he can offer his services at a deep discount compared to Surveyor B. Surveyor A only needs to account for the time that it takes to complete the easy part of the service, which is carefully measuring to determine the relative positions of items called for in the Deed. Once Surveyor A knows the relative position of these items, he can calculate the boundary as described on the Deed, set his survey markers on the corners, and walk away. This is what “Staking the Deed” means. He will, at the least, ignore other physical evidence of the boundary location or, at the most, depict the difference between the other physical evidence and the Deed description. In either case, Surveyor A leaves it up to his customer to decide on the course of action to “fix” the perceived discrepancy. As far as Surveyor A is concerned, his part in the process is over.
Surveyor B also makes the same careful measurements to determine the relative position of the items called for in the Deed, however, that is only the beginning of his analysis. The survey will also include obtaining additional research in an attempt to get the description of the original parcel, as well as the neighboring parcels. In addition, the survey will also include weighing the physical evidence discovered during the fieldwork. Perhaps the north line is fenced, can it be used as the north line of the parcel? What about the old pipe that was found? Is it valid? Does it reflect limits of title? If needed, the surveyor will seek out testimonial evidence from those who have lived in the area for a long time as well. All of this goes into Surveyor B’s determination of the “Well-Reasoned Boundary Survey”. He understands that there is only one line between two parcels and that any gaps or overlaps that one might perceive are his responsibility to resolve. He understands that there is a human element to boundary locations that math alone cannot solve. And he understands that his client has hired him to render a professional opinion as to the location of the lines on the ground, with the expectation that the answer leads to no further action except for a nap in the hammock on a warm summer afternoon.
Due to his philosophy, Surveyor A could potentially create problems in the title (Deed) where there aren’t any, possibly cause animosity between neighbors when there doesn’t need to be any, and quite possibly, in direct violation of his oath to protect the health and welfare of the public.
Surveyor B, by contrast, solves problems in title if he uncovers any, works to ease relationships between neighbors, and honors his oath to protect the health and welfare of the public.
This leads to a very intriguing question: How can one tell if they have hired a Surveyor A or a Surveyor B? What can be done to find out prior to retaining their services? That sounds like a good question for next month…..
