A. What a modern survey should reflect.

B. The role a Land Surveyor plays: Educating Your Client

C. Fundamentals of a Survey: A systematic Approach to Boundary Problems

1. The Order
2. Researching the Deed.
3. Gathering Information.
4. What Goes On in the Field.
5. Putting it All Together

D. The Various Types of Surveys: Residential, Commercial and Construction.

E. What Are the Surveyor’s Obligations to the Client in Relation to Environmental Problems?

F. Certification and Seal: Why, When and Where. (California Specific)

A. WHAT A MODERN SURVEY SHOULD REFLECT

On the surface the difference between modern surveys and past surveys is minimal. The changes to the surveying profession are found in the methods employed in making measurements and maps. The advent of satellite surveying, robotic and reflector-less E.D.M’s, electronic data collection and computer aided drafting have had an un-imaginable affect on the speed and accuracy obtained in the field and in the office. The modern survey and past survey produce the same end product, i.e., a map, a plat, a legal description, a sub-division, construction stakes, a boundary resolution, earthwork quantities, and a flood zone certificate, to name a few. The modern survey is performed with more speed and accuracy but the map produced as a result of that survey must still depict what is on the ground. To the user, be it an architect, design engineer, title officer, attorney or developer, the method used to produce the map is of no matter. What matters is whether the data is shown completely and accurately enough to allow the user to complete his or her task and that job be done in a cost effective and timely manner. However, all the modernization in data collecting, digital mapping and the expanded use of photogrammetry has increased the amount and ease of the use of the information produced by the surveyor. The modern survey may reflect the same basic data that past surveys contained but the capability to transfer the data electronically has made using the data by architects and engineers so incredibly efficient that they demand the surveys be provided in that format.

B. THE ROLE A LAND SURVEYOR PLAYS: EDUCATING YOUR CLIENT

Surveys are requested by architects and engineers prior to design, lenders prior to a real estate transaction, attorneys prior to going to court in a boundary dispute or accident related case, contractors prior to construction, developers prior to making a subdivision, title companies prior to the issuance of a policy, and local agencies prior to the final approval of a development. Additionally, surveys are requested by landowners and real estate agents for a sundry of reasons. Usually the first group mentioned are sophisticated users and need very little education. Occasionally the surveyor may need to explain why it would be better to do an aerial survey as opposed to a conventional survey or why a G.P.S. survey cannot be done because of trees or tall buildings, but for the most part a survey is ordered, delivered and used. On the other hand the surveyor spends a lot of time explaining to landowners and real estate agents why:

• A survey costs what it does
  
• It is the same amount of work to set 2 monuments on a parcel as 4
  
• The city charges what it does for their project and takes so long to approve it
  
• They cannot always put the fence back where it was before
  
• They need an A.L.TA. survey
  
• A Record of Survey is required pursuant to state law.
  
• They cannot deed a part of their land to someone without a map
  
• The County requires a biological, botanical and archeological report for a simple lot split
  
• Why there is no such thing as a simple lot split.
  

As evidenced above, the surveyor must possess knowledge of state and local ordinances, boundary principles, surveying procedures, capability of various types of instruments and human nature.

C. FUNDAMENTALS OF A SURVEY: A SYSTEMATIC APPROACH TO BOUNDARY SURVEY PROBLEMS

1. The Order:

• Client contacts surveyor and orders a survey.
  
• Surveyor requests deeds and title report.
  
• Surveyor researches the deed.
  
• Surveyor gathers all relevant information needed to interpret the deed description and to make a survey.
  
• Field crew locates parent parcel or block boundary or whatever control is available to make a determination of the location of the subject property corners and returns field data to the office.
  
• After analysis the surveyor computes location of boundary lines relative to the control established by the initial field survey and directs the field crew how to locate the boundary corner monuments.
  
• Surveyor prepares plat for client and delivers it. If there are any problems, such as encroachments or major discrepancies with the record boundary, the surveyor should prepare a Surveyor’s Report, present it to the client and discuss it.
  
• If required, the surveyor prepares and files any map or document pursuant to state law.
  

2. Researching the deed:

• Surveyor reads deed and determines whether the property is created by a simultaneous (sub – division) conveyance or a sequential (deeds recorded chronologically) conveyance.
  
• Surveyor requests a Preliminary Title Report and back-up documents from client.
  
• Surveyor may need to order adjoiner’s deeds to determine senior rights if property is created sequentially.
  
• Surveyor determines what record information is needed to perform the survey.
  

3. Gathering information:

• This is the most important phase of the project. Improper research will result in an incomplete survey. A diligent search must be made for:
  
• Recorded tract maps, parcel maps, and record of surveys, corner records, tie notes, field books and any un-filed surveys at the County Surveyor’s office.
  
• City tie notes, field books, right-of way maps and miscellaneous surveys from the City Engineer if your project is in an incorporated city.
  
• State highway right-of-way maps, monumentation maps, control maps, tie notes and survey notes if your project is near a state facility
  
• Flood control district right-of-way maps, tie notes and survey notes if project is near a flood control facility.
  
• Township plats, Rancho maps and government field notes for Public Land surveys.
  
• Utility companies, railroads and private surveyor’s records, if available.
  
• Witnesses who have knowledge of the location of missing corners.
  

4. What goes on in the field:

Prior to any fieldwork, the surveyor analyses the deed description and the record information and places the location of the subject parcel on paper by computing the record position of the property corners. Coordinates are assigned to the corners and to the control shown on the record maps and ties. This information is given to the field crew and is used to search for the corner monuments or as a basis to perform a survey to establish control that will be used to establish the boundary of the parent parcel from which the subject property has been created. If the control fits reasonably close to the calculated position supplied by the surveyor the field crew may feel confident enough to set monuments at the corners. If there is a question about the reliability or character of the control the fieldwork is brought to the surveyor for analyses and a final decision as to the position of the corner monuments. In making his or her analyses the surveyor must be cognizant of the Order of Conflicting Title Elements affecting boundary location. These elements, in order, are POSSESSOR’S RIGHTS, SENIOR RIGHTS and WRITTEN INTENTIONS OF THE PARTIES TO THE TRANSACTION. Rules for deed interpretation and boundary determination have been set down based on Case Law. There is very little Statute Law relative to boundary control. Following is a partial list of rules that a surveyor must address when making a boundary analyses for parcels created Sequentially or Simultaneously:

SEQUENTIALLY CREATED PARCELS;

• Excess or deficiency found in the measurement of the bounds of the parent parcel is not prorated among subsequently created parcels – the senior parcel or parcels get their full share with the junior parcel gaining the excess or losing the deficiency.
  
• Calls in a deed to an adjoiner are to be held only if the adjoiner is senior.
  
• When researching deeds to determine senior rights comparison can only be made between the first deeds dividing a parcel.
  
• Calls to natural monuments are superior to calls for artificial monuments.
  
• Monuments called for in the description, if undisturbed and identifiable, control over line and distance.
  
  

SIMULTANEOUSLY CREATED PARCELS:

• Excess or deficiency in measurements found in the bounds of the tract boundary or block is prorated among the lots or parcels being surveyed absent of any possesory interest that may have ripened into fee title.
  
• Proration cannot be made beyond found original monuments.
  
• Any information shown on a map may control the location of the property being surveyed as if that information was contained in the description.
  

After the analysis is made the surveyor computes the position of the monuments and sends the crew back to set them. Note that not all surveys require setting monuments. The client may only be interested in seeing where the existing improvements lie in relation to his or her boundary lines. For instance, setting monuments is a Table “A” option listed in the A.L.T.A/A.C.S.M standards and is rarely requested.

Whether monuments are to be set or not, the field crew must be instructed to search for existing monuments on the subject property to help the surveyor determine the correctness of his analyses. Equally as important is that the crew locates any signs of occupation or encroachments onto or from the subject property. The field crew should try to locate as many record monuments as possible to be used for control, however a boundary can be based on non-record monuments. More ties need to be made when using non-record monuments to assure that they agree with each other and to existing lines of occupation.The field crew, when satisfied that all proper ties have been made, makes a set of field notes for the file whether the information is delivered manually or electronically.

5. Putting it all together:

The surveyor prepared a record boundary plat that was provided to the field crew as an aid in performing the survey. After the fieldwork has been completed and analyzed and, if required, monuments set in the ground the surveyor prepares a final plat for the client. The amount and type of information shown on the plat is dependent on the type of survey performed and the contractual items agreed on. (This article deals only with boundary surveys, not topographic surveys that show improvements, culture, utilities and elevations.) The amount of data shown for a simple lot survey is considerably less than what is shown on an A.L.T.A. survey. For a routine lot survey the surveyor prepares a plat, to scale, showing the boundary lines, the bearings and distances along those lines and the monuments found or set at the corners. The plat should also contain a scale, north arrow, date of survey, street address, legal description, owner’s name and surveyor’s seal and signature (See Section “F”). Optional items that may be shown are fences, walls, building locations, easements, utilities, street improvements (curb and sidewalk), vicinity map and monuments, outside of the boundary, used to control the survey. If the survey required the setting of monuments a Record of Survey, pursuant to the requirements found in the California Business and Professions Code, must be filed with the County Surveyor in a timely manner. In some instances a Corner Record may be filed in lieu of a Record of Survey. If the boundary survey being made is for the preparation of a Final or Parcel Map no Record of Survey need be filed.

D. THE VARIOUS TYPES OF SURVEYS: RESIDENTIAL, COMMERCIAL AND CONSTRUCTION.

1. Residential Surveys:

This discussion on Residential Surveys shall be limited to surveys of a

single lot made at the request of the owner or prospective buyer. This

type of survey can be requested for several different reasons, such as:

• Owner wishes to build or replace a wall or fence.
  
• Owner or adjoiner suspects that there is an encroachment.
  
• Owner and adjoiner wish to adjust the line between their parcels.
  
• Architect needs existing building set backs for design purposes.
  
• Contractor needs property corners in order to layout new building corners.
  
• Prospective buyer wishes to see the corners and verify the lot size.
  
• City or County building inspector needs the corners set in order to check set backs on new construction.
  
  The procedures for this type of survey were discussed in Section “C”.
  

2. Commercial Surveys:

Commercial Surveys generally fall into the A.L.T.A. (American Land Title Association) Survey category. This type of survey is a boundary survey, title survey and improvement and utility survey all in one. They usually involve larger parcels of land such as shopping centers, manufacturing complexes, mobile home parks, apartment building sites, business parks and hotels. The survey is most often requested by the lender or buyer during the latter part of the transaction however it also gives the seller protection against potential claims that may occur after the sale. Upon approval of the A.L.T.A Survey the title company will issue an A.L.T.A. policy, insuring the site against boundary defects and encumbrances shown on the survey. The Title Association, A.C.S.M. and the Lender’s Council that regulate the contents of the A.L.T.A Survey developed standards that are followed when performing the A.L.T.A. Survey. Most lenders and title companies require that the surveyor certify that the survey meets these requirements. The requirements are presented in a document entitled “Minimum Standard Detail Requirements for A.L.T.A./A.C.S.M. Land Title Surveys”. It is available from A.C.S.M. and from most title companies. The latest version is dated September 27, 1997. The requirements serve as a checklist that the surveyor can use to prepare the survey, however he or she must be cognizant of items or physical features on the land not readily recognizable from the requirements that may cause title problems if not disclosed on the survey. The surveyor should instruct his field crew to be aware of and locate the following types of features:

• A hole in a wall that indicates that water draining onto or from the subject parcel.
  
• An opening in a fence or wall or a path that allows access to or across the subject parcel that may ripen into prescriptive rights. (See Warsaw v. Chicago Metallic Ceilings presented herein.)
  
• Standing water that might be considered a wildlife habitat.
  
• A gate in a fence that allows pedestrians access to neighboring property.
  
• Power poles that lean causing overhead wires to be out of the utility easement.
  
• Pipes, conduits or ducts attached to the outside of a building that may encroach onto the adjoining parcel.
  

WARSAW v. CHICAGO METALLIC CEILINGS, INC., 35 Cal.3d 564 [ L.A. No.31740. Supreme Court of California. March 5, 1984 ] This action involves two contiguous parcels of land, which front on the west side of Downey Road in the City of Vernon, CA. The parcels are 650 feet deep. Plaintiffs own the southerly parcel, defendant owns the northerly one. Both parcels were acquired in 1972 from a common owner and were unimproved at the time of purchase. The seller constructed a large commercial building for the plaintiff, erected to his requirements, that covered almost the entire parcel. A 40 foot wide paved driveway was constructed along the northern edge of the plaintiffs’ parcel to provide access to loading docks on the northern side of plaintiffs’ building. The defendant constructed a much smaller building, running one-half the depth of the parcel. This building was located 150 feet northerly of the common property line leaving a substantial strip of vacant land between the plaintiffs’ driveway and the defendant’s building. The plaintiffs’ driveway was actually inadequate from the very beginning. The large trucks could not turn and position themselves at the plaintiffs’ loading docks without traveling onto the defendant’s property. Without this use of the defendant’s property the commercial use of the plaintiffs’ building would be useless. [ 35 Cal.3d 570].

From 1972 to 1979 trucks and other vehicles servicing the plaintiffs’ facility used a portion of the vacant ground on the defendant’s property to enter, turn, park and leave the area of the plaintiffs’ loading dock. On two occasions during that period plaintiffs sought, unsuccessfully, to acquire an easement from defendant or to create mutual easements over plaintiffs and defendant’s property In 1979 defendant developed plans to construct a warehouse on the southerly portion of their property, which included the portion being used by the plaintiff. Defendant constructed a building pad approximately 5.00 feet from the property line. This blocked the plaintiffs’ use of the use of the area and plaintiffs commenced action for injunctive and declaratory relief. Based on the trial court’s denial of the plaintiffs’ request for a preliminary injunction to prevent further construction, defendant proceeded to erect a building on the contested area. After a trial on the merits, the trial court found that the plaintiffs had acquired a 25 foot wide prescriptive easement over and along the entire southern portion of the defendant’s property for the full depth of the property. Defendant was ordered to remove that portion of the building which interfered with the easement within 90 days and at the defendant’s expense. The case was appealed to the Supreme Court and affirmed. The Court, Richardson, J., held that:

• Substantial supported finding of definite and certain line of travel by trucks serving easement owner’s property.
  
• There was substantial evidence that use of the parcel was hostile rather than permissive.
  
• Order for removal of structure completed by underlying landowner, which interfered with the easement, was appropriate.
  
• Easement owners could not be required under statutes or equitable principles to compensate underlying landowner for fair market value of the prescriptive easement.
  
• Easement owners could not be charged for cost of removing the encroaching structure.
  
  

3. Construction Surveys:

Construction surveying is estimated to comprise 60% of all surveying work. There are many firms that only do construction work. This work is considered a specialty and carries with it a large liability element for the surveyor. If a mistake is made and a run of curb or a catch basin has to be removed the cost of the removal and re-construction is born by the survey firm making the mistake. Make too many of these and the firm is no longer insurable or has to pay such large insurance premiums that it can no longer stay in business. The main objectives of construction surveying are to:

• Provide stakes that determine the ultimate vertical and horizontal position of some fixed work or earthwork feature.
  
• Replace stakes throughout a project or perform checks on constructed objects to insure that they have been placed in the correct vertical and horizontal location as shown on the design plans.
  
• Provide an accurate “as-built” survey map of the project after construction. This map shows the location of all the features constructed along with any changes or modifications to the approved design.
  

There are no statutes governing or regulating the act of construction surveying however the provisions and specifications that govern a project contain allowable limits of deviation from the horizontal and vertical location of objects shown on the plans. Often the developer or owner will hire another surveyor to certify that the project has been staked and constructed within specifications. For most improvement projects final payment is withheld from the contractor until the final certification has been made. It is important for the surveyor and contractor to meet prior to the start of staking to determine what type of staking will be required. The surveyor usually agrees with the contractor’s requirements unless they contradict the terms of the contract between the surveyor and developer or agency responsible for making payment.

E. WHAT ARE THE SURVEYOR’S OBLIGATION’S TO THE CLIENT IN RELATION TO ENVIRONMENTAL PROBLEMS?

The surveyor has an inherent obligation to make the client aware of any potential or existing environmental problems that may exist on the project site. He or she should treat every survey as if it were an A.L.T,A. Survey as far as disclosing anything that might harm the client or delay the project. Often environmental issues can be mitigated up front and not cause latent problems at the “12th hour”. The more sophisticated client or his attorney will order an environmental report from a qualified biologist or geologist, however on smaller projects this may not be the case. Some things that the surveyor should be aware of and show on the survey plat are:

• Monitoring wells.
  
• Oil or sludge on the ground.
  
• Small streams or watercourses traversing the property.
  
• Rare trees or vegetation if recognizable.
  
• Capped or uncapped wells.
  
• Vent pipes.
  
• Oil, gasoline or chemical containers.
  

The surveyor should try to contact any local parties that have been involved with or are adjacent to the subject property and seek any information that they might have if anything looks like a potential environmental issue. Your client will be grateful if you help to prevent a problem and will certainly contact you for work in the future.

F. CERTIFICATION AND SEAL: WHY, WHEN AND WHERE? ( CALIFORNIA LAW)

The California Business and Professions Code ( Land Surveyor’s Act ), Section 8761 states in part: “Any licensed land surveyor …may practice land surveying and prepare maps, plats, reports, descriptions or other documentary evidence in connection with that practice. All maps, plats…….issued by the licensed land surveyor…..shall be signed by the surveyor to indicate the surveyor’s responsibility for them. In addition to the signature the map,……..shall bear the seal or stamp of the licensee or registrant and the expiration date of the license or registration”. In addition to the surveyor’s signature most documents contain a “surveyor’s certificate” in some form which states that the surveyor is issuing some sort of guarantee that the work was performed by that person and that the work adheres to some statute or standard. The word “certify” has been a problem for surveyors. Because the word has a very strong inference that everything on the plat or map is unequivocally guaranteed to be perfect some E&O insurance carriers refused to insure work that contained the word. The surveyor’s dilemma was that the client demanded certification and the insurers refused to cover the work. In 1986 a section was added to the L.S. Act that allowed the surveyor to “certify” without repercussion. Section 8770.6 . states in part: The use of the word certify or certification by a licensed land surveyor ……………….only constitutes an expression of professional opinion regarding those facts or findings which are the subject of the certification, and does not constitute a warranty or guarantee, either expressed or implied”. I word my certifications “ I hereby certify, pursuant to Section 8770.6 of the California Business and Professions code, that………….. In 1988 Section 8764.5 of the B&P Code was amended changing the Surveyor’s, County Surveyor’s and Recorder’s Certificates on Records of Survey to Statements .The term, “Statement”, is also used on Final and Parcels map in the Surveyor’s statement but the County Surveyor, City Engineer , City or County Clerk and County Recorder may use either term , Statement or Certificate.