CLSA is pleased to announce workshops in Northern and Southern California featuring nationally-recognized land surveying law expert Jeffrey N. Lucas.
To register for the workshops, please click below to choose your preferred location and date:
Southern California: Tuesday, November 15, 8:00 - 5:00 - http://events.constantcontact.com/register/event?llr=wpa6sivab&oeidk=a07eda1ixqt7519d258
Northern California: Thursday, November 17, 8:00 - 5:00 - http://events.constantcontact.com/register/event?llr=wpa6sivab&oeidk=a07eda2hxxq2d02a43b
Mr. Lucas has been in the surveying business since 1976 and is a licensed land surveyor and attorney. He has been a seminar leader on surveying topics that include ALTA/ACSM standards, boundary law, law of easements, water boundaries, surveying evidence and procedures, expert witness testimony, business law, contract law, torts and liability.
Mr. Lucas will be presenting two topics at each full-day workshop:
Survey Evidence and Procedure
There is a line of thinking within and without the surveying community that goes something like this: The surveyor's only role is to deal with the facts as contained in the client's deed; all other issues with regard to boundaries can only be determined by a court of competent jurisdiction. The obvious problem with this line of thinking is that, if this is truly the case, society does not need land surveyors. Boundary determinations boil down to two questions: A question of law and a question of fact. "The question of what is a boundary line is a matter of law, but the question of where a boundary line, or a corner, is actually located is a question of fact." Walleigh v. Emery, (Pa.Super.Court. 1960). This seminar will explore both of the questions fully, as well as the topics of evidence and procedures for the determination of a well-reasoned opinion on boundaries. State specific law will be incorporated into this seminar in the process of answering these and many other questions.
How to Make a Boundary Determination that Will Win in Court
What are the important issues to know and understand in order to make a boundary determination that will win in court, should you find yourself in court defending your map of survey and your opinion on the location of the property boundaries involved? What is the evidence standard that will be applied, the standard of care for professional surveyors in court, and what is the criterion for boundary determinations? This course studies the relevant evidence standards, different types of evidence, the standard of care, and explores the process of rendering a well-reasoned opinion on the only question that is within the purview of the retracing surveyor-the location question. The importance of deeds in and the role they have in boundary determination, the interpretation of deeds, finding intent, and how and when the boundary establishment doctrines come into play. The "Ultimate Issue Rule" will be discussed and its importance relative boundary determinations and liability. If you eventually find yourself in court over a boundary dispute, losing in court is not an option. The boundary surveyor who has rendered a well-reasoned opinion on the boundaries based on the law and the facts, is in a much better position to win in court than the surveyor who simply applied math and measurements as taken from a deed.