A 269Kb PDF of this article as it appeared in the magazine—complete with images—is available by clicking HERE

Don't Pass the Blame
Thank you to Joel Leininger for "Overlaps 101" ( July/August `04). Our company has one of the best surveyors around, and he would never let a survey go without solving the problem, whether it is an overlap or a gap. However, there are surveyors in our area who have caused unnecessary lawsuits by simply telling a client that the other surveyor is wrong, and that he should make him correct the mistakes. What happens is the lazy surveyor becomes the expert witness for his client, and the surveyor is question has to pay an attorney to defend himself--even if he is right! This is incredibly frustrating to those who believe that integrity and honesty is the best policy. I wish some of the lazy surveyors would do what they are trained to do, and solve the problem, not blame someone else.
Sharon Sherrill
Via Online Feedback

The Final Word
I am in agreement with Leininger as to a surveyor's role in resolving overlaps in documents that convey title ("The Myth of Inappropriate Opinions" Sept/Oct 2004). Extensive research usually tells the story of how the overlap occurred, and the correct line can be monumented with the assurance that the resolution can be substantiated. However, in my opinion, the greatest challenge to delineating what a client "has title to" occurs when occupation and other usage of land disagrees with the lines described in the subject and adjoining deeds. I am referring to "unwritten title." I do not consider myself to be the final word as to whether long-term occupation of property has ripened into title. In fact, a judge is the only person I have seen render such a judgment. The judge's findings were final, unlike any opinion I might render on the subject. While a surveyor's input is vital to the resolution of apparent overlapping "ownership," it is my opinion that a surveyor does not have the luxury of being the final word on issues of unwritten title. For instance, Ohio law requires (and I paraphrase) that when lines of occupation differ from deeded property lines, the surveyor must show both on his drawing. This would indicate to me that we are not being asked to determine which line the owners have "title" to, but to render the information for others to use. In these cases, I monument the deeded lines (after determination of senior rights) and show the occupation discrepancy. A dissertation by Leininger on this subject would be very interesting to me. Thanks for the great magazine.
Chuck Sharp
Via Online Feedback

A 269Kb PDF of this article as it appeared in the magazine—complete with images—is available by clicking HERE