A land surveyor is a finder of fact, not an advocate for a client. A surveyor researches evidence of boundary locations, and expresses an opinion on a map. The evidence may appear to favor the adjoiner, or the client, but a competent surveyor will come to the same opinions regardless of who is paying the bill.
Boundary locations are based on physical evidence, and written records, and people's statements.
Relevant evidence is usually found on both sides of a boundary, and may be found at any point in time beginning with the creation of the boundary.
Specific evidence controls boundary locations.
1. Look at the physical evidence: pipes, pins, roads, buildings, pavement, blazes, logging, fill, excavation, fences, stone walls, trees & shrubs, wells & septic systems, utilities, etc. (all called monuments).
2. Look at deed descriptions, and other written records, on both sides of each boundary. Research backwards in time, to create an outline of conveyances beginning with the creation of each boundary.
3. Look at any existing maps and sketches, on both sides of each boundary.
4. Look at the use of the land near the boundaries.
5. Talk with landowners, to hear their knowledge and understanding of the boundaries. Talk with present owners and former owners, on both sides of each boundary.
A surveyor collects evidence as outlined above, then evaluates the evidence, to form his own opinion about boundary locations. The surveyor analyzes and evaluates the evidence based on boundary law in Vermont and the specific facts found. A surveyor looks for consistency among the pieces of evidence found. Whether the evidence is consistent or not, the surveyor shows the evidence on a survey map and explains his opinion
of what it means.
Contradictory evidence is found frequently. When evidence is contradictory, countless court decisions have established this order of importance of conflicting elements:
A. Unwritten rights (such as adverse possession).
B. Senior rights (in a sequence of conveyances).
C. Written intention, as expressed in a deed description:
1. A survey map on which the conveyance is based.
2. Monuments described in deeds, if unmoved.
3. Adjoiners
4. Direction and distance.
5. Area.
The survey plat represents the surveyor's professional opinion regarding the evidence found. The plat should be filed in the town land records, where it is available for review by other professionals and the public. A plat may also be used as evidence in court, and is subject to review by the court.
After a boundary survey, the landowner will have:
A map of the parcel, with notes showing the basis for the boundaries.
Boundary lines and corners marked on the ground.
A clear legal description of the parcel, consistent with the map and physical markings.
An outline of deed descriptions.
Efficient use of the land, proper tax assessment, and no boundary disputes.