You are hired as a professional land surveyor to survey a piece of property on Lake Huron that
is described by your client as being about 150’ x 220’ in size. As part of your initial research, you
locate field notes prepared in 1934 by a surveyor who appears to have done a survey for a
previous owner. The field notes reveal the following:
The cursive writing reads as follows:
Description – Being composed of part of Lot 32, Lake Range, Township of Saugeen –
Commencing at a point at High Water on Westerly limit of said Lot and distant 277’ in
a northerly direction from the Westerly angle of sd. Lot;
Thence easterly & ll (parallel) to southerly limit of sd. Lot 220 feet +/- (more or less) to
a fence;
Thence northerly ll (parallel) to easterly limit of sd Lot 150 ft. to a fence
Thence Westerly parallel to southerly boundary of Lot 220 ft to H.W.M. (high water
mark) or Westerly limit of sd Lot;
Thence Southerly along H.W.M. 150’ +/- to place of beginning...”
Assuming this is all you uncovered and no further evidence is available before visiting the site:
TASK 3 –
Describe what you will be looking for on the ground when at the site in terms of the 4
kinds of evidence listed in the Hierarchy of Evidence.
TASK 4 –
Identify at least 2 problems with the information in these field notes.
TASK 5 –
Is the record found in these field notes evidence of a “first running” of the property lines
or of a “retracement”? Why
TASK 3:
When at the site, as a professional land surveyor, you will be looking for the following evidence based on the Hierarchy of Evidence:
1. Monumentation: You will search for any physical markers or monuments on the ground that may indicate property boundaries. This could include survey monuments, iron stakes, concrete markers, or any other physical objects that were set at the time of the original survey.
2. Occupation: You will observe any signs of occupation or land use that may corroborate the boundaries described in the field notes. This could include fences, walls, buildings, or any other structures that align with the described boundaries.
3. Natural Features: You will look for natural features on the ground that match the description in the field notes. For example, if the notes mention a high water mark or any specific geographical features, you will search for evidence of those features.
4. Documentary Evidence: While not explicitly mentioned in the field notes, you may also search for any additional records or documents related to the property that could provide further evidence, such as historical maps, deeds, or previous survey records.
TASK 4:
There are a couple of problems with the information in these field notes:
1. Lack of Precise Measurements: The field notes use approximate measurements like "220 feet +/-" and "150 feet +/-". This lack of precision makes it difficult to accurately determine the exact boundaries of the property, leading to potential disputes or inaccuracies.
2. Missing Bearings and Distances: The field notes do not provide specific bearings or distances for each segment of the property. It only mentions "easterly & ll" and "northerly & ll" which means parallel to certain boundaries. Without precise bearings and distances, it becomes challenging to precisely locate and recreate the boundaries.
TASK 5:
The record found in these field notes is evidence of a retracement rather than a "first running" of the property lines. This is because the field notes reference the existing lot boundaries ("part of Lot 32"), suggesting that the surveyor was retracing or confirming the boundaries of an already existing lot. Additionally, the field notes mention fences and a high water mark, which implies that there were pre-existing structures and physical features on the ground that the surveyor used as references.