Friday, October 8, 2010, Kalahari Resort and Convention Center

So, You’ve Discovered a Conflict. Now What?

By John B. Stahl, PLS, CFedS

Part I – Conflict Resolution for the Surveyor

We will begin with a review of the fundamental aspects of evidence relied upon by the surveyor to determine boundary locations. The court’s view of evidence will be examined and comparisons between the role of the surveyor and the role of the courts will be drawn. We will look at problems with deeds, common transcription mistakes, conflicts in writings, and conflicts in evidence. We will discuss the distinct differences between written conflicts, adjoiner conflicts, and occupational conflicts. Statutory and common law presumptions, rules and principles which provide direction to the surveyor for conflict resolution will be reviewed and discussed. We will also review some real life examples of projects and court cases involving deed interpretation and resolution of conflicting terms.

 Course Outline:

1. Definitions (15 min)
2. Resolving conflicts in evidence (45 min)

a. The Surveyor’s Role

b. Types of Evidence

i. Demonstrative Evidence

ii. Documentary Evidence

iii. Testimonial Evidence

c. Rules of Evidence

d. Admissibility and Relevancy

e. Hearsay Evidence

3. Written Boundary Conflicts (30 min)

a. Rules of Construction

b. Conflicting Title Elements

4. Adjoiner Conflicts (30 min)

a. Overlaps

b. Gaps

c. Intent

5. Break (15 min)

6. Occupational Conflicts (45 min)

a. Evidence of Original Survey

b. Mistakes

c. Statute of Frauds

7. Boundary Agreement Doctrines (45 min)

a. Parol Agreement

b. Implied Agreement (Acquiescence)

c. Equitable Estoppel

d. Practical Location

8. Adverse Possession (15 min)

 
You will learn ...

• The classifications of evidence
• The surveyor’s role in gathering evidence
• How to resolve written, adjoiner, and occupational conflicts
• How to apply legal principles to resolve conflicts

So, You’ve Discovered a Conflict. Now What?

By John B. Stahl, PLS, CFedS

Part II – Resolving Boundary and Title Problems

We will start the discussion with a review of the authority of the land surveyor and the surveyor’s role in determining land boundaries. We will review the effect of the land surveyor’s opinion upon the client, the adjoining landowners and the courts. We will look at the impact that the surveyor’s opinion has in the boundary establishment process. Our discussion will then focus upon the various methods available to the surveyor for resolving conflicts through the Alternative Dispute Resolution (ADR) process and the surveyor’s role in formal and informal mediation. Specific examples for documentation of conflict resolution will be reviewed and discussed including specific advantages and disadvantages between various forms. The surveyor will learn new application of old concepts regarding the resolution of conflicts prior to completion of their survey. They will learn how the resolution process will expand their level of service, raise their level of professionalism, increase their income level, and reduce their liability exposure.

1. Authority of the Land Surveyor (20 min)
1. Who Are You Working For?
2. Expressing Your Opinion (20 min)
1. Opinions, for What They’re Worth
3. Mediation Techniques (50 min)
1. Identifying the Landowners’ Concerns
2. Finding Areas of Common Interest
3. Equal Dissatisfaction
4. Reaching an Agreement
5. A Note About Third Parties
4. Break (15 min)
5. Documenting the Agreement
1. Strip Descriptions (15 min)

2. QCD/WD Conveyances (15 min)

3. Cross Quit Claim Deeds (15 min)

4. Boundary Line Adjustments (15 min)

5. Boundary Line Agreements (15 min)

6. Affidavits (15 min)

7. Surveyor’s Narrative/Report (15 min)
8. Advantages/Disadvantages

6. Questions/Conclusion (15 min)

 You will learn ...

• The role of the surveyor’s opinion in the resolution process
• The surveyor’s role in the mediation process
• How to document conflict resolutions
• How to increase your professionalism, service, and income
• How to lessen your liability through the resolution process

The First Surveyor Doctrine - Facts and Fallacies

by John B. Stahl, PLS

Part I - Who’s Monuments Control and Why?

We all think we understand the distinction between the original surveyor and the retracing surveyor, but do we really? When there is no “original” surveyor, where does the “first” surveyor fit into the picture? Is their monument the “original” monument, or are they simply putting forth their “best effort” to establish the monument? What if their “best effort” isn’t good enough? What if they failed to follow the instructions properly? What if they blundered? When are these good reasons to reject their monuments and when are they not reason enough? How is the surveyor to evaluate the evidence necessary to resolve these important questions? Is there a set process we can use? What do the courts say about the process and how do we surveyors apply it? There are many answers to these questions.

Part II - Uncalled-for Monuments – Do We Accept or Reject?

All surveyors are faced with decisions on a daily basis. Do we accept or reject that uncalled-for monument? How do we arrive at our decision? What factors enter into our decision? What practical measures should we undertake in reaching our decision? What liabilities do we face for making the proper or improper decision? How can we best protect ourselves from liability when we make that difficult decision?

This workshop will explore many of those questions. We will discuss recent court developments clarifying the principles surveyors can apply when making their decisions. Through this workshop, you will have an opportunity to examine your methods and compare them with the methods used by others. Is there more than one way to handle them? Are there better ways?

We can all learn alternative methods to approach age-old decisions.

 
Course Outline:

Part I - Who’s Monument Controls and Why?

1. The “First Surveyor Doctrine” ... What is it?

a. Definitions in writing (60 min)

i. Surveying reference materials

ii. Court cases

(1) Rivers v. Lozeau, (FL 1989)

(2) Tyson v. Edwards, (FL 1983)

(3) Sanders v. Webb, (OH 1993)

b. Definitions we all understand ... Or do we? (30 min)

i. The First Surveyor

ii. Original Surveyor

iii. Retracing Surveyor

2. Break (15 min)

3. How are boundaries created and established? (45 min)

i. The basic beginnings

(1) How are boundaries created?

(2) How are boundaries established?

ii. Common law doctrines and presumptions

(1) Ascent

(2) Good Faith

(3) Mutual satisfaction

4. Uncalled for monuments. ... Do they mean anything? (45 min)

a. What is a “called-for monument?”

b. What is a “called-for ‘future’ monument?

c. What is“implied” by the conveyance?

Part II - Uncalled-for Monuments – Do We Accept or Reject?

5. Acts of Establishment (45 min)

a. Surveyors’ actions

b. Landowners’ actions

c. Surveyor’s Authority

i. Do we have the power to decide?

6. Recent court developments (60 min)

a. Adams v. Hoover, (MI 1992)

b. Dykes v. Arnold, (Or.App. 2006)

c. Olson v. Jude (MT 2003)

7. Break (15 min)

8. How do I decide? ... To reject or not to reject? (45 min)

a. What factors should I consider?

i. How was it placed?

ii. When was it placed?

iii. Has it been relied upon?

b. When can it be fixed?

c. Does it need to be fixed?

d. When is it too late to fix?

e. What do I do when I decide to reject?

f. How do I document my decision?

g. Where do I set my monument?

9. When all else fails ... Then what? (30 min)

a. What liabilities will I incur?

b. How do I limit my liability exposure?

10. Questions/Answers/Comments (15 min)

You will learn ...

• How to evaluate found monuments
• How and when to accept or reject found monuments
• How to reduce your liability

John B. Stahl, PLS, CFedS, is a registered professional land surveyor in the states of Utah and Montana, currently owning and operating Cornerstone Professional Land Surveys, Inc., and Cornerstone Land Consulting, Inc., in Salt Lake City.  Mr. Stahl specializes in surveying land boundaries, resolving boundary conflicts, performing title and historical research, land boundary consultation services, mediation and dispute resolution.  He has been qualified as an expert witness in numerous boundary, access, and negligence cases and has actively participated in the preparation of amicus curiae briefs to the Utah Supreme Court.  He has furthered his mediation education by participating in a state-qualified 40-hour training program.  He has also completed a 200-hour training and examination program to earn the recognition as a Certified Federal Surveyor.  Mr. Stahl has served his profession as state chairman of the Utah Council of Land Surveyors and a Utah delegate to the Western Federation of Professional Surveyors.  He is an adjunct professor for the Salt Lake Community College, where he has taught mathematics, ethics and liability courses for land surveying students. He continues to teach an extensive course in land boundary law comprising 54 hours of lecture per year since 1991.  Mr. Stahl received his A.A.S. degree in land surveying from Flathead Valley Community College in Kalispell, Montana and has authored numerous articles and publications covering topics on boundary laws, research, and resolving conflicts of evidence.