I was told that an ALTA type survey establishes boundary, and in California now the board has said any establishment of boundary requires a record to be filed! My question is the last time I looked topography surveys included a boundary (paper boundary?) but isn't the same thing, because after all only a Court can establish a boundary, which by the way is an imaginary line dividing two ownerships. Also I thought if anything, the boundary was already established by the vesting deed, how many times can a boundary be established legally. Are not surveyors after all, only acting as expert witnesses, and/or agents of the court, and giving an opinion of to where the line falls. And is it not true that Record of Surveys do not establish boundaries, and in fact at best are a public notice of one persons opinion (the LS or RCE licensed to practice)
Just thinking out loud. Please comment.
From the Left Coast
Replies
Michael, I am not sure what you mean by "an ALTA type survey". It is either an ALTA / ACSM Land Title Survey or not. I assume that many of your other questions about boundary have been answered by David C. Garcelon.
Michael, I am not certain about anything you said, and I apologize for that in advance, however, I realize that you may tend to be frustrated with particular requirements that are placed upon professional land surveyors.
Notwithstanding that the facts in the matter of the survey may contradict your understanding of boundary law, and, whereas a professional land surveyor must comply with ALL of the minimum standards when performing an ALTA / ACSM Land Title Survey, I must suggest that you read the document that governs the type of survey you are involved in. Here is a good discussion on the topic:
http://landsurveyorsunited.com/forum/topics/altaacsm-2011-survey-st...
And here is a link to the minimum standards that should explain quite a bit about this type of surveying:
http://landsurveyorsunited.com/group/wisconsinlandsurveyors/forum/t...
Sincerely,
Scott D. Warner, RLS
Senior Director / Editor
Land Surveyors United
1
A boundary is only "established" once, and that is when it is first created. The fact that the first deed and plan does not define the boundary well does not mean that a subsequently better defined survey or deed "re-establishes" the line---it simply redefines it. There is a clear difference between establishing a line and defining a line which is not semantics. The original establishment of a property line is done by the land owner and/or his surveyor.Today, zoning and planning regulations affect the location of new boundaries, and in the event the landowner wants to protest the ruling, he can go to court, BUT, THE COURTS DO NOT ESTABLISH NEW BOUNDARIES! The Courts of Law ARE THE ONLY ONES THAT CAN MOVE A LINE WHICH HAS ALREADY BEEN established, or make a legal interpretation of where the original boundary is today. Surveyors versed in Boundary Law and the rules of evidence are well qualified to provide information to the Courts.
David C. Garcelon