Slsacorner Post

Corner Post Spring 2011 SLSA Volume XXXII - Number 1

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In This Issue SLSA Corner Post is published by the Sas- katchewan Land Surveyors Association for The World’s Largest Survey Tripod - Mike Waschuk...... 3 circulation to its members. Ignorance is Not Bliss for Land Surveying - Bryan Bates...... 6 Where Do GPS Systems Get Their Maps? - Carl Shiels...... 8 Deadlines for articles are the last Friday in December, March, June and September. Corrections to NAVTEQ Map Information - Carl Shiels...... 9 Fences and Crop Lines - Chris Everett...... 10 The opinions of the contributing writers A Fence as Boundary for Lease ... - Izaak de Rijcke...... 12 may not be consistent with those of the Fifty Years Ago - Harold E. Jones...... 14 Council of the Saskatchewan Land Survey- Survey Education or Education of Surv. - Jackson et al...... 15 ors Association. Articles may be reprinted with appropriate credit given to the authors, Improving Lives in Africa - Jennifer Sowa...... 21 unless it is under copyright. DLSs and Arctic Sovereignty - Shelagh Grant...... 22 Protecting Your Work - Knud Hermansen and John McDonough...... 26 Address all correspondence to: Indemnification or “Hold Harmless” - Knud Hermansen ...... 28 Doug Bouck, SLS (Ret.) - Editor Simply Accurate Underground Information - Jeremy Cook et al...... 30 408 Broad Street #230 Changes to ISC’s Plan Processing - Denise Black...... 31 Regina, Saskatchewan S4R 1X3 Practical Location - Knud Hermansen & Robert Liimakka...... 34 Phone: 306-352-8999 Educating Yourself For Hard Times - Gary Briant...... 36 Fax: 306-352-8366 e-mail: [email protected] web site: www.slsa.sk.ca Regular Features President’s Message - Ron Eichel...... 2 Council Highlights - A. Carl Shiels...... 4 Councillor’s Corner - Ryan Maloney...... 5

2010/2011 Council President Ron J. Eichel Cover Story Vice President Wayne J. Adams The oil and gas sector has been one of the main drivers of the boom in Past President Dave L. Gurnsey survey work in Saskatchewan over the past several years. In addition to direct benefits to land surveyors and the survey profession, it has Public Member Terry Alm helped to enhance and update the survey fabric in affected regions of Councillors Jim E. Sweeney the province.

Justin K. Meyer Image then what might have happened if the potentially catastrophic Brian E. Burridge scenario that played out in BC (see Ignorance is Not Bliss for Land Ryan P. Maloney Surveying by Bryan Bates, page 6) had triggered a similar mind set in Saskatchewan.

Keeping the public and, perhaps most importantly, governments fully Administration aware of the critical role that surveyors play in the protection of prop- Executive Director A. Carl Shiels erty rights and laying the groundwork for orderly development, must continue to be a top priority. In the frenzied rush to find faster and less expensive ways of moving the economy forward, it would be all Office Hours too easy to throw the survey fabric “baby” out with the bath water of Office hours are: short-term expediency. 9:00 a.m. to 12:00 p.m. The cover photo was provided by Troy Motz, SLS, ALS. Although it 1:00 p.m. to 4:00 p.m. depicts a collection battery west of the 6th meridian, it could just as on all regular business days. easily have been any one of dozens of such sites here in Saskatch- ewan.

SLSA Corner Post Spring 2011 SIAST status Things at SIAST are rolling along. As of mid went ‘over and above’ to get me to the AGM in March there were 11 students confirmed for spite of difficulties caused by the fine maritime President’s enrolment and a couple of students with pend- winter weather. ing enrolments. Our PR committee has been Message working hard to market the program. Thanks February 23 to 25 – Leanne and I attended to our public member Terry Alm, Jill Burridge the Montana Association of Registered Land was able to secure some funding from Enter- Surveyors in Billings, MT. The business portion prise Saskatchewan to aid in the costs of pro- of the meetings lasted less than an hour. There moting the SIAST program. were numerous educational seminars that were very informative. Membership in MARLS is SIAST will have a booth at our AGM so please voluntary as surveyors are registered by the state. stop by and chat with them. SIAST instruc- Approximately 55% of Registered Montana tors Ryan Brazeal and Adam Holloway, in surveyors are members of MARLS. We were concert with their supervisors, have put an again treated to some remarkable weather—the overwhelming amount of work into overhaul- coldest five days in Montana for the entire year. I ing the Geomatics curriculum. It has been up- don’t think that their heating systems were ready dated to reflect current industry demands and for the cold snap…. will also be able to align with the CBEPS ac- creditation process more easily. On February March 8 to March 11 - I was in Victoria for the Ron J. Eichel 2, 2011 SIAST held a validation meeting with ABCLS AGM. The meetings were very well SLS, P. Surv., ALS, P. Eng., CLS President industry stakeholders. attended and provided a plethora of informative educational seminars. The hydrography There are certainly opportunities for private requirement that the ACLS wants to add over- Upcoming Events members and companies to assist SIAST in and-above their ‘Labour Mobility’ exam was acquiring equipment or by offering scholar- Apr. 14 - 16 ALSA AGM, one topic for discussion. Jasper, AB ships and bursaries. SIAST has been in discussion with survey equipment vendors to I will be attending the upcoming ALSA AGM in Apr. 28 - 30 ANLS AGM, help keep capital costs down with respect to Corner Brook, NL Jasper on April 13 - 15 and Wayne Adams will survey equipment and software. If you are in- be representing the SLSA at the Newfoundland terested in providing support please let me or Jun. 2 - 4 SLSA AGM, AGM in late March. Saskatoon, SK Carl know and we’ll get you directed to the right person. Jun. 16 - 17 APEILS AGM Professional Surveyors Canada

Jun. 21 - 24 ACLS AGM, 2011 AGM It was announced at the New Brusnwick AGM that Saskatchewan had the highest percentage Yellowknife, NT By the time you read this the registration pack- of PSC members and also the highest aggregate age will be have been provided. There have Sep. 14 - 16 AMLS AGM number as well. The SLSA has always been a been some minor changes to the AGM format. strong supporter of the CCLS and should con- Sep. 16 - 17 OAGQ AGM The Sheraton Cavalier in Saskatoon has been Orford, QC tinue to be a strong supporter of PSC. PSC will retained for our AGM on June 2, 3 and 4. The have a booth in the exhibitors’ area at our AGM on-line registration for accommodations can Oct. 20 - 22 ANSLS AGM, so I encourage you to stop by and, if you haven’t Dartmouth, NS be found on the SLSA website under News already, sign up. and Events. Association business 2012 AGM Students have completed writing their exams This AGM is to be a joint conference with and the orals were held April 5 and 6. Final re- ACLS and the National Surveyors Confer- sults will be provided to the students shortly. ence. The event will be co-chaired by Vice President Wayne Adams and ACLS Exec. Dir. Please have a look in the following contents of J.C. Tetreault. the newsletter to learn about a couple of new initiatives that ISC is promoting. ISC has been very President’s travel proactive in obtaining opinions from the SLSA January 19 to 23 - I was in Moncton, NB. As for the initial consultations of these policies and with the other Maritime Provinces, there are is- programs. Ultimately these initiatives will ben- sues with wetlands delineation. I experienced efit our industry but will require some thought- ‘first-hand’ the maritime ‘help your neighbour ful feedback to help ISC create policy and work- philosophy’ when one of the retired members flows that meet public and industry demands.@

Corner Post SLSA Spring 2011 The World’s Largest Survey Tripod

Troy Kauth* with Meridian Surveys in North Battleford carefully positions a Robotic Total Station on top of what could be the world’s largest survey tripod. According to Mike Waschuk, SLS, “Our crews have been working on Northland Power’s North Battleford Energy Centre. It is a $750 Million project. Because of certain obstacles, the need for a control monument at an elevated height was required. Kiewit Construction built this for us to use.”

* Recipient of the SLSA Award at SIAST in 2005

Photos courtesy of Regan Rayner

SLSA Corner Post Spring 2011 2010/11 Meeting #7, February 14, 2011  In response to increased resistance to week- end golf tournaments, by golf course opera- Mutual Recognition tors, the golf tournament is being scheduled Council  There continues to be dialogue between the for Thursday, June 2. This will also facilitate ACLS and other Canadian survey associa- perpetuation of the Past-presidents’ luncheon tions about the examination requirements un- on Saturday, June 4. Highlights der labour mobility. The ACLS plan to require 2012 AGM a course in hydrography in addition to the half day examination on “local knowledge” is op-  Plans are under way for a joint SLSA / Nation- posed by the many provincial land survey as- al Surveyors conference in Regina in 2012 sociations. Financial SLSIT’s and Students  The auditor’s report for 2010 was received  Practical experience reports from Blake and accepted. The year ended up with a Wahl, Trevor Luddington and Eric Pellegrino net deficit of $28,946. This was offset by the were approved making them eligible to write reallocation of the balance of the Centennial their professional examinations in March and Projects Fund ($28,866) and the entire 2010 April, 2011. Centennial Anniversary fund ($13,000) into general revenue. The net proceeds from the  Land Surveyor in Training agreements be- sale of survey monuments for 2010 ($7,358) tween Wade Phair and Brian Burridge, and were assigned to the Survey Education and between Rachel Kohlman and Lee Andersen, Promotion Fund. The net effect of those ad- were approved. Both candidates had been justments was an increase in the operating Carl Shiels, M. Sc., P. Eng. registered as student land surveyors while fund of $5,562. Executive Director they completed the academic qualifications.  The budget for 2011 was established with a Board of Examiners for SLSs net surplus of $1,214. There is no expecta-  Upon the recommendation of the Board of Ex- tion that fees will need to be changed for the fiscal year 2012. Surveyor in a aminers, three new members were appointed to the board. They were Chris Kuntz, Jade  The reserve fund, which is to be maintained Crate McLeod and Murray Radoux. New members between 90% and 110% of the average an- were appointed to the board in anticipation of nual operating expense over the previous five  “Surveyor in a Crate” is retirements and to provide an opportunity to years, was increased by $5,562 bringing it up now a reality with two become familiar with board policies and prac- to $118,562. (The maximum allowable was of four crates out on tices. $126,868 under the SLSA policy.) loan in Saskatchewan Schools. SLSA Policy on Providing Copies of RPRs Suggested Schedule of Fees  A “Teacher Resources”  In response to a letter from a member of the  Based on a recommendation from the Prac- Link has been added public, the SLSA council reaffirmed the ex- tice Committee, the suggested schedule of to the SLSA web site pectation that a copy of an RPR need not fees was increased across the board by 2% to explain and promote be provided to the property owner when the (rounded up to the nearest $5). The increase the crate. The on-line surveyors client is a third party. The situation was consistent with the increase in the cost of resource also allows involved a property owner who was attempt- living over the preceding year. teachers to create their ing to get a copy of the RPR for his property own crates using the following a dispute with the contractor who Public Relations manual and graphics had ordered and paid for the RPR. available.  The PR committee has been working with the teaching staff at SIAST to develop a presen- 2011 AGM  Teachers who take the tation for use in high schools. A major blitz of crates out on loan are  The venue for the 2011 SLSA AGM will be the high schools was being planned for the new being encouraged to Sheraton Cavalier Saskatoon Hotel and the year in an attempt to meet the enrollment provide feed back on dates are to be June 2, 3 & 4. objective for the Geomatics Technology Pro- what works and what gram in the fall of 2011. could be modified to make it work better.

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Corner Post SLSA Spring 2011 The future of our profession is something total station. What a great experience, a chance I think about often. As one of the “Young to give back to the association that has treated Bloods” in the association I am fortunate to be me so well. Councillor’s able to practice with the current members and I know that we as land surveyors are truly participate in council. passionate about who we are and what we do. Corner So when the Geomatics Program at SIAST These presentations are a great opportunity for was suspended I instantly became concerned, all members to help ensure we find those future both as a surveyor and an alumnus. Where will surveyors. the future surveyors of Saskatchewan get their I would encourage all members to get involved start? in promoting our profession. Pick up the phone When council met with SIAST’s Dean of and give your local high school a call, talk to a Technology Arnold Bolt, Program Head, Dave teacher or a career counsellor, help us in our Richards and Instructor Ryan Brazeal to discuss drive to fill the SIAST Geomatics program and the future of the program and how the SLSA hopefully encourage students to choose what I could help, I knew this was something I wanted believe is the worlds greatest profession. to do. I was thinking it wasn’t that long ago Please feel free to contact me or the members that I attended SIAST and not to long before of the PR committee with any leads or contacts that in High School trying to decide on which you may have in our schools and take some time career I would pursue. out of your busy lives to enjoy the rewarding Ryan Maloney Now, growing up in a family of surveyors, I experience of passing on the history of the SLS, P. Surv. Councillor, Year 2 was predisposed to the profession, but I did association to the high school students of our consider other professions, briefly. Most high province, and in turn ensure the future of our Where are all of the school students are not so fortunate and have association. @ Future Surveyors? had no exposure to land surveying. I believe that increasing their exposure is all it would take to have kids become interested. A brief roadside encounter with a survey crew, a short conversation with a surveyor at a career fair or a classroom presentation outlining the ISC to Fund Survey great opportunities that Geomatics and land surveying have to offer would get kids into the Monument Restoration industry, I’m sure of it. Information Services Corporation (ISC) is fi- So with that thought in mind I volunteered nalizing details of a new program designed to help out the PR committee and SIAST in to help maintain and preserve Saskatch- travelling to high schools and letting the kids ewan’s primary survey infrastructure. know what we are all about. It couldn’t be The Survey Monument Restoration that hard could it? I can relate to high school Program, which will be launched as a pilot students, or can I? later this month, will allow Saskatchewan land surveyors to submit claims to ISC Well standing in front of a split grade ten and for reimbursement of costs associated eleven math class in Yellow Grass I realized with re-establishment of primary survey that I am maybe a little bit older than I thought. monuments in this province. The program First, wearing hats in class, listening to iPods will also reduce the costs that can be and texting on Blackberries were not classroom incurred by private landowners when such activities I expected but I guess that is the reality surveys are conducted. of today’s high schools. Reimbursement claims can be made for qualifying surveys conducted between “Man these kids look young” I think to myself. January 1 and December 31, 2011. Then, as Ryan Brazeal starts his presentation describing Geomatics and land surveying, I saw ISC started developing the monument their eyes lift from their phones and iPods and restoration program in consultation with the SLSA in the fall of 2007. move up to the Power Point presentation on the screen. As we continue they are all listening. Details of the program will be conveyed to Wow! SLSA members later this month through the association office and will be posted to As we end the presentation they are asking the “Members Only” section of the SLSA questions and taking out their calculators to website for future reference. @ solve a couple of triangles measured with a

SLSA Corner Post Spring 2011 Ignorance is Not Bliss for Land Surveying By Bryan Bates, BCLS, CLS, ALS

and surveyors, if I were to lump the ones I know together What was left was what legislators thought was important and Linto one stereotype, are a modest bunch. They go about nothing more. their work carefully and diligently without expecting much for recognition from their clients or the public. They take personal pride in knowing they have done their part to preserve prop- In short, OGAA repealed all of the statu- erty rights, boundaries and the cadastre, while non-surveyors go tory responsibilities of land surveyors as about their business as though nothing unusual has happened. far as oil & gas surveys are concerned. We are quiet caretakers of the land. For many land surveyors, this is the way it has always been and At the time the association found out about OGAA, the bill the way it should always be. We know our work is important, had been through first and second reading in the legislature. I but we don’t expect everyone else to recognize that importance. learned very quickly this meant we had a very short time to do Through my story today, I hope to change that mindset. My fear anything to influence this act before it was signed into law. A is that if it does not change there will not be land surveyors to small group of us (Brent Taylor, Chuck Salmon and I) pooled carry on the traditions for many more years. contact info and started calling and emailing anyone in govern- A few years ago I had the opportunity to join the External Rela- ment we thought might pay attention. The bill was due to go tions Committee of the Association of British Columbia Land back to the legislature for third and final reading within a week Surveyors (ABCLS). This committee has broad terms of ref- or two, so there wasn’t much time to deal with the problem. erence that generally involve anything to do with liaising with We reached out to our colleagues at the Surveyor General Di- government and other entities outside of the association. The vision of the Land Title and Survey Authority. They were also Chair, Brent Taylor, BCLS, sold it to me as a way to keep up on aware of the bill and its contents, and were deeply concerned many different issues concerning the association, so I jumped at over the effects of failing to have surveys of wellsites and pipe- the opportunity. I thought it would be interesting and a good way lines and to have those surveys stored in public registries. They to expand my knowledge of association affairs. were also working to contact anyone involved in the construction of OGAA to express their concerns. A few weeks into my term we were sur- Both the ABCLS and the Surveyor General made a number prised by a new piece of legislation: the of contacts through email, phone and face-to-face meetings Oil & Gas Activities Act (OGAA) over the next week or two. Although we communicated with a number of people in government on the issues, we were all told that government’s position was to pass this act the way it was A few weeks into my term we were surprised by a new piece of and nothing would be changed. legislation: the Oil & Gas Activities Act (OGAA), one of sev- We took a bit of time to assess what had just happened and de- eral bills that were expedited through the provincial legislature cided to press onwards talking with government representatives in a matter of a few days. I work in the oil & gas side of land in various ministries and divisions within government about the surveying as a part of my practise, so it made sense for me to problems OGAA was creating. A common theme arose from look over this new act and what effects it might have on land many of those conversations and responses: a large number of surveying issues. It did not take long to realize this act had dire people who had influence over this legislation had basically no consequences for oil & gas land surveying work. idea what land surveyors did to contribute to the development of In short, OGAA repealed all of the statutory responsibilities of oil & gas resources in the province. “Sorry, you’re the Associa- land surveyors as far as oil & gas surveys are concerned. They tion of who?” was a frequent response. The ones who at least were gone. No traces left. You might think that legislators would did know who land surveyors are often had little idea of what we carefully consider and consult with affected parties before mak- actually do. Concepts such as contributing to the organization ing changes like this, and if you think so you would be wrong. of property rights and maintaining the cadastral fabric were ab- Instead, anything that had the appearance of being unnecessary stract to many of them. While we see our work as crucial to the or outdated was deleted without much extra question or thought. socio-economic foundation of the province, too many people in

Corner Post SLSA Spring 2011 government saw it as silly field workers hammering pieces of need to look too closely at what land surveyors do. If people metal in the ground for fun. The lack of understanding within don’t realize what we do is important, then we risk being forgot- many parts of government was simply staggering. ten, ignored, repealed. It was not looking good for oil & gas surveying, but over the Part of this is because we do our work so well that problems, next few months we made contact with a few people in govern- especially problems that could affect the public, are very rare ment who understood why property rights and tenuring were occurrences. This is an immensely positive feature that we defi- important to the province, and they took the time to understand nitely don’t want to change. Without the work of land surveyors how surveyors and the work they do are an important part of the cadastre would begin to degrade, which would eventually that. We also received word that an amendment act to OGAA lead to conflicts over rights to land. In a way, the cadastre is like was being contemplated to make adjustments to it, so we had a complex machine: if it is properly maintained and taken care an opening to get land surveying back on the table. Through of, it will function well; if it is neglected serious problems will some careful discussions we were able to convince the Minis- eventually come up. The problems wouldn’t show up immedi- try responsible for OGAA to put back in provisions for surveys ately, so land surveyors would have likely moved on to other (and their public recording) and to include meaningful language kinds of work and wouldn’t be available to repair the damage about the kinds of surveys that need to be done. Now, getting done. agreement on ideas from a Ministry representative and seeing I believe the habit we should and need to change is to stop keep- those ideas actually make it into the legislation are two very dif- ing quiet about who land surveyors are and what they do. The ferent things. We had to wait impatiently and hope that we had land surveyors I know are fiercely proud of their work, but you talked to the right people, and then wonder if we had communi- would not know it because they rarely talk about it to non-land cated the importance of our work to them clearly enough. We surveyors. Why are we so quiet about it? Is there something were extremely relieved when an amendment to OGAA con- wrong with expressing pride in or talking about what we do? taining the provisions we needed for surveys was passed in the legislature and signed into law. I challenge all land surveyors to do more to educate people about what land surveying is and why it is important. This isn’t a job Our work wasn’t done yet. We had been successful in getting for a small committee or task force; I believe it is something we the legislation to authorize surveys, but the nuts and bolts of all need to contribute to. I even go so far to suggest it is part of the survey requirements still needed to be assembled in a new our duty to society, since my story illustrates what could happen regulation. This took more discussions with various parts of if we don’t educate the public. government and a pattern became obvious: every time we dealt with someone new from another department or ministry we fre- This educational role doesn’t need to be daunting; it starts with quently had to educate them on who land surveyors are and what making sure everyone you deal with on a day to day basis knows they do. It was frustrating and discouraging to see how little a bit more about land surveying after talking to you. When peo- people knew about something so fundamental to the economy. ple ask what you do, you take the time to show your interest However, we kept on working at it and eventually saw the com- in the profession instead of replying, “Yeah, we’re those folks pletion of regulations that substantially replaced what had been looking through the telescope on the side of road”. And any time lost when OGAA first appeared. It took 18 months of effort, you get to talk to someone in any part of government, whether it bunches of meetings, and countless emails and phone calls to is a municipal engineer or your elected representatives, you take fix something that could’ve just been left as it was in the first the opportunity to explain why land surveying matters instead of place. I bet this issue would not have come up if the OGAA just what it is. Small efforts applied by everyone will eventually legislators understood what land surveying means to oil & gas have a big effect. development. I look back at our experience with OGAA and imagine what would have happened if more people understood how crucial land surveying is to the oil & gas industry. We would have been I came to the conclusion that much of this approached by government when changes were being contem- was preventable and that land surveyors plated. We would have been asked for our opinion on survey have themselves to blame for how bad this standards. We would have been partners in the development of situation got. a better version of OGAA, instead of sitting on the other side of the table and trying to repair gaping holes in legislation. If you can imagine better things happening for land surveying, then I Now that activity on this issue has wound down and I have time hope you will take on this challenge too. to reflect on what happened, I came to the conclusion that much Be proud of what you do. @ of this was preventable and that land surveyors have themselves to blame for how bad this situation got. I think it all goes back Executive Director’s Note: to how we prefer to do our work quietly and privately and not Although the SLSA still has a ways to go in educating the general public, I concern anyone else with how important this work is. By be- believe the association’s profile with government - through the government ing “off the radar” of government and the public at large we appointed public member on Council and the ‘in your face’ approach taken are finding ourselves and our work ignored. Society in general with government departments and agencies - is quite high. The message from doesn’t know much about land surveyors because they don’t Bryan Bates’ article must still be, “Don’t ever let up.”

SLSA Corner Post Spring 2011 Where Do Personal GPS Navigation Systems Get Their Maps? By Carl Shiels, Executive Director

he photo on the right appeared in the December 2010 Tedition of “ALS News” and was submitted by Allan Main, ALS. It reminded me of my brother, who lives in Ontario, sitting patiently at a ferry crossing in BC until some kind soul came over and told him he would probably have to wait a long time. The ferry had been discontinued several months earlier when it was replaced by a new bridge a few miles away. Apparently, my brother’s GPS had not received “the memo.” Anyone who uses these marvellous new navigation systems will probably have encountered similar problems. During my recent tour of New Zealand I very much appreciated the extra guidance our GPS unit provided as I struggled to re-learn how to drive on the left, particularly at the numerous “rounda- bouts”. Having the GPS map only a glance away provided enough advance information for me to anticipate what “At the roundabout, take the third exit” would look like well before I Photo by Allan Main, ALS as it appeared in “ALS News” - December 2010 was into it with our 7.6 metre-long camper van. But that GPS unit also had its problems and had me driving in circles trying problems. You can link to Map Reporter from the NAVTEQ to get onto a newly configured freeway. web site, or go directly to: Allan Main’s photo, and my recent experience, spurred me to mapreporter.navteq.com/ find the answer to question I have had in the back of my mind Once there, simply select the type of report you wish to make (I for some time: “Where do GPS navigation manufacturers get clicked on “Road or Road Feature”), type in an address (I used their map information?” 408 Broad Street, Regina, SK) and it will zoom to the location. The inevitable Google search led me to: You then have an opportunity to reposition the location pointer www.gpsinformation.org/dale/mapmakers.htm by dragging it to wherever it should be on the map and confirm that the pointer location is correct. The next step allows you to Considering the overwhelming task of collecting and updating add additional details to your map report including a document the data, it is not surprising that there are only a few suppliers or photograph. Simply enter your e-mail address, agree to the of data for personal GPS navigation systems. Of those, the inevitable “terms of use” and submit your report. Then sit back single largest supplier appears to be NAVTEQ (formerly and wait for the map information to be corrected. NAVTECH) who supplies most of the GPS map data used in North America. Their web site is: According to NAVTEQ, they make over 2 million changes to their database every day. Verification can depend on the www.navteq.com nature of the inquiry, but if necessary they will send their geo- Interestingly, when I logged onto their home page, it had graphic analysts back into the field to verify an issue. already figured out from my web browser where I was and NAVTEQ makes quarterly updates available to their custom- conveniently brought up a map of Regina. Clever devils! ers. It is then up to GPS navigation manufacturers such as In its early years, NAVTEQ focused on streets and route Garmin, Magellan and TomTom to make that updated map planning in major cities. They have since expanded their information available to their customers in a timely manner. coverage to include most rural highways and secondary Personal GPS navigation systems really are amazing tools roads. They even have roadway patterns in many off-road but, considering the myriad of street and road changes that areas such as parks and shopping malls. are happening everyday, it is unlikely they will ever be per- So what about the problem that the unusual road sign in Allan fectly accurate. But, in the end, I suspect it is failure to install Main’s photo is trying to address? NAVTEQ have a service updates on their personal GPS units that causes most people called Map Reporter that appears intent on resolving such to end up somewhere down a dead end road. @

Corner Post SLSA Spring 2011 Step 1 - Select the Type of Report 4 Simple Steps for Providing Corrections to NAVTEQ GPS Map Information

Step 2 - Precisely locate the po- Step 3 - Add supporting sition of the change or addition documentation such as photos required

Step 4 - Click “Send Report”

SLSA Corner Post Spring 2011 Governing Evidence ... Part 2 - Fences and Crop Lines By Chris C. Everett, ALS (Ret.), BCLS, CLS, SLS (Ret.), ALSA Director of Practice Review

Reprinted from “ALS News” – December 2010 – Vol. 39-4

The opinions expressed in this piece are solely those of placed marked one end of the boundary the author and in no way necessarily reflect those of the line between my neighbour and me. How Practice Review Board. ever, I tell you that that fence has marked n Part 1 of this article (ALS News June the line between my south quarter and the I2010), we ascertained that the original quarter to the north ever since I was a boy. monuments or their reestablished positions, My northerly neighbour (God rest is soul) govern boundary lines. It was noted that mon- and I agreed to this for almost forty years. uments must be re-established from the best What can I do now? I know the surveyor is evidence that is available. In this part, I am go- wrong?” ing to look into one of those things that com- prise that “best evidence” and, in particular, he pleaded. He had farmed that south quarter what weight should be given to lines of occu- for almost half a century. What could the lis- pation; that is to say, fences and crop lines in a tener, another land surveyor, tell him? He/she rural environment. said weakly “I will look into it.”

What is the relative value of fences and crop When asked, the surveyor who had his crew lines as evidence? Repeatedly the question place the iron post and marker for the new comes up “should I use the fence as evidence neighbour indicated that he had re-established or should I re-establish by proportion?” Just yesterday, an older the quarter monument by proportioning, taking into account the and well-respected ALS told me “we proportioned in a monu- road allowance, between found monuments at the NE and SE ment and another surveyor just told me he had found the original of the section in accordance with the dimensions as shown on several metres away from our post on the fence line. We will the confirmed township plan. He said he had found evidence of have to move the post and amend our plan before any develop- original pits at both north and south section corners, and was ment occurs. There goes the profit on that job.” aware of the fence near the quarter but had not considered it important. The same confirmed township plan showed a wood “It is by no means uncommon that we find men, whose tech post had been placed at the quarter during the original survey of nical education is supposed to make them experts, who think the township. He also confirmed that after a good dig, no trace that when monuments are gone, the only thing to do is to of the wooden post could be found. place new monuments where the old ones should have been and where they would have been if they had been placed The question is “can the fence be ignored?” Clearly, on the correctly. This is a serious mistake, for the problem is now ground the fence has been mutually accepted as the dividing the same as it was before—to ascertain by the best light of line between the two quarters. The farmer insists that he and his which the case admits where the original lines were. The former neighbour had an agreement that it marked the boundary original lines must govern.” and that they had both honoured that line for over thirty years. McKellar vs. Canadian Investment Corporation. Civ 2007-02 The general duty of a surveyor in such a case is plain It is the opinion of this author, that all too often, the fence lines enough. He is not to assume the line is lost until after he or crop lines are not used and perhaps should have been, or were has thoroughly sifted the evidence and found himself un used and perhaps should not have been. able to trace it. Even then, he should hesitate before doing anything to the disturbance of settled possessions. Occupa The issue around fences also came up in a recent situation in tion, especially if long, often affords satisfactory evidence Southern Alberta. An elderly farmer related the following. of the original boundaries when no other is attainable and the surveyor should enquire, when it originated, how and “My new neighbour hired an Alberta Land Surveyor to do a why the lines are located as they are, and whether claim to survey last month and the surveyor placed an iron post with title has always accompanied the possession and give all an orange marker about thirteen metres south of my north the facts due force as evidence. fence line. The young man with his GPS swore the post he Kingston vs. Highland [1919] 47 N. B. R.324

Corner Post 10 SLSA Spring 2011 There are two instances where the In both cases, in order to invoke these fence might be accepted as the best rules, a sworn statement of the situa- evidence of the boundary between ad- tion will be needed from the affected joining owners. Remember, surveyors parties, and, in particular, from the do not set boundaries—only the courts elderly farmer who is the aggrieved can do that. All that surveyors can do party. This needs to be in the form of is gather all the evidence and offer an an affidavit or oath taken before the opinion as to the boundary, albeit, an surveyor in accordance with section informed opinion. 13(1, 2) of the Surveys Act. Also, see section C.5.3 of the Manual of Stand- 1. When the fence was “most ard Practice for further guidance. It likely” constructed to the mon- should be noted that an affidavit such ument that existed at the time as this must be factual, be admissible of construction or had been re- as evidence in accordance with rules built at the same location as an of evidence, relevant and pertinent to original fence, that was “most the issue, be credible, and not be self- likely” to have been con- serving. It is not good enough just to structed to an existing monu- say, “We both agreed to that fence line ment. The clue is the “most as the marked boundary.” These other likely” bit. It is not sufficient elements must be part of the sworn af- to determine that the fence is fidavit. old. There must be some collateral or supporting evidence. This can be physical A careful study of the field notes must be made. Sometimes a evidence or an affidavit from a witness who had first- dimension from the quarter to a stream or high point of land can hand knowledge of the facts regarding the fence and its be found in the original split line notes. In each case, these phys- construction. ical features might still exist and constitute the best evidence of the location of the quarter monument. This investigation of “Means to be used to locate lost monuments or corners the notes has to be done before we can dismiss or confirm the include collateral evidence such as boundary fences farmer’s claims. that have been maintained, which should not be disre garded by surveyor, and artificial monuments such as roads, poles, and improvements may not be ignored; Sometimes the evidence speaks so surveyor should also consider information from own ers and former residents of property in the area.” loudly that it is hard to hear what any Donald Wilson, Professional Surveyor May 2008 one else is saying. 2. In Alberta, which is the only land title jurisdiction in Canada where adverse possession still applies, the rules of adverse possession with respect to the land en- Any other sources such as plans and sketches, affidavits from closed by the fence may apply. neighbours not directly involved, and aerial photographs taken in the past, can all help confirm the claim that the fence is long- A person asserting squatter’s rights must intend to standing and most likely was, or was not, constructed to an ex- possess the land and must demonstrate possession. The isting Part 2 monument. Only when the surveyor can say to him- acts of possession must be open, notorious, adverse, self “nobody could possibly find anything else that affects this exclusive, actual and continuous. If any of these ele quarter,” can he give an opinion. ments are missing at any stage during the statutory pe riod, and especially if the time period is interrupted the Finally, in this fast-paced age of digital wizardry we, as land squatter cannot assert any rights over the registered surveyors, should not simply depend on numbers to do our job. owner of the land. We must not abandon the concepts of the English common law, “The Law and Practice and Land Surveying in Alberta” (2007) which has been based for centuries on justice and equity. It is Kinloch and Bassil our diligence in the search for evidence and in the fairness of our opinions that have won the respect of those we serve. and... In the absence of any physical evidence as to the loca In a recent television series one character often stated “I am only tion of the original monument, landowners’ recollec listening to the evidence.” Sometimes the evidence speaks so tion of the location of the corner or the dimensions on a loudly that it is hard to hear what anyone else is saying. Fences plan of survey may prove to be the best evidence.” and crop lines speak loudly. @ “The Law and Practice of Land Surveying in Alberta” (2007) M.C. Robidoux

SLSA Corner Post Spring 2011 11 A Fence as Boundary for Lease, but not a Boundary for Title: How a Court Distinguished the Difference By Izaak de Rijcke

Reprinted from “Geomatica” Vol. 64, No. 1, 2010

agman v. Obrigewitsch1 was decided by the Court of boundary created for the purpose of a long term lease and W Queen’s Bench in Saskatchewan. However, the trial a boundary resulting from a partition order. This was the judge based the decision on affidavit evidence and argu- direct result of finding that nothing in the lease agreement ment from counsel; the matter had been previously tried, and the subsequent conduct of the neighbours involving but the judge became incapacitated before being able to the leased portion to the defendants had any impact on render judgment. Nonetheless, this case makes for inter the ownership interests. No one was ever mistaken that esting reading for any land surveyor faced with the as- the defendants’ title interest was 25% of the whole parcel, sessment of a fence as a potential indicator of a boundary albeit an undivided 25% interest. location. This is almost always the case when a surveyor’s Although the parties had assumed that the fence divided work involves the retracement of a boundary. the whole into a 25% portion for the defendants, this was The parties were neighbours but together owned, as ten- a mistake on the part of both sides in 1968. Accordingly, ants in common, one single parcel of land. The background the lease entered in 1967 was still in effect but had no is explained as a tenancy in common; three families held controlling effect on the boundary position. The court lo- the whole of the parcel, but each built and enjoyed their cated the boundary at the 25% allocation line. A very tell- own respective cottage, of which there were three on the ing statement appears in the decision from the court which parcel. The tenancy in common was not equal in that the concluded that the parties had never agreed on where the plaintiffs owned an undivided one-half share and the two title boundary should be: defendant families owned an undivided one-quarter share “They choose [sic] to avoid the difficult questions or each. expense of making possession and use congruent In 1967, the defendants’ predecessor in title signed a 99 with square footage based on ownership percent- year lease for the most westerly cottage and with a no- age in favour of a usage scheme to which everyone tional 25% of the surface area of the whole of the parcel. agreed and which generally gave everyone the ben- The lease had attached a hand drawn diagram, not based efits of the lot. I do not read the lease and its diagram on survey, and which showed a frontage of 40 feet and an as establishing the boundaries for the purposes of a area of 5000 square feet for the Obrigewitsch portion. All subdivision or partition.”2 tenants in common were landlords and the same parties were lessees of their individual cottages and the land associated with same. Figure 1 is an illustration of the general configuration from the description in the case. After the lease was signed, Wagmans built a fence which existed from 1968 until approximately 1996. This court application was brought for a partition order so that the tenancy in common could be segregated into individual ownership of three distinct parcels. The plaintiffs argued that the partition should allow the defendants a parcel with an area of no more than 25% of the whole. Obrigewitsch argued that the parties had intended to mark out on the ground the parcel which represented the land associated with their cottage in 1967 by fencing it. In fact, they argued, the Wagmans had built the fence. In analysing the evidence and applying the law, the court drew a distinction between a Figure 1

Corner Post 12 SLSA Spring 2011 The result appears to suggest that settlement by parties “...that there was a divergence between Wagman’s of a boundary and its demarcation on the ground for the real subjective intention and the objective manifesta- purpose of a leasehold estate in land was not binding on tion of that intention and whatever his real intention a later determination of the boundary in a partition appli- may have been it was not articulated at the time and cation by a court. Of course the facts in this dispute were was not reflected in the actual location of the fence and rather unique, but it does emphasize the possibility that a could not avail Wagman now on any subdivision.”3 fence for one boundary purpose may not be a fence for Distinguishing between subjective intention, objective all boundary purposes. How is a land surveyor to know? intention and real intention (assuming there exist such The problem in Wagman resulting from the conflicting evi- things), would be a tortuous task for land surveyors to take dence of the parties is made even more difficult for a land on – the physical structure is simply there on the ground, surveyor to determine because of the different characteri- noted and measured. The court did not accept the defend- zation of the legal interests at play. The decision refers to ants’ argument as summarized. numerous survey plans prepared by the land surveyor – each one a variation based on what was being instructed There is more. Although Wagman was successful on the and each considering the relationship of the fence line to partition application, the defendants were successful in the total area of the Obrigewitsch parcel. The fact that the asserting the fence as the boundary of the leasehold par- Obrigewitsch leased parcel was different from the Obrige- cel for the balance of the 99 year lease term. The case witsch fee simple ownership parcel that resulted from the also speaks about detrimental reliance, estoppel, and the partition application was not possible for the land surveyor difference in Canadian law on these points from English to know until after this case had been decided. law. Overall the case makes for worthwhile reading for any land surveyor. Unfortunately, the decision makes ref Intention of the parties was a strong consideration in erence to numerous exhibits, diagrams and surveys, but the court’s analysis of the evidence. Intention of parties none are attached to the report of the case in CanLII. @ can be subjective or objective (this begins to sound like References: cases in which adverse possession is put forward as a 1 Wagman v. Obrigewitsch, [2010] S.J. No. 118, 2010 SKQB 84 legal theory). Land surveyors are not accustomed to the (CanLII). The decision is available on line at: http://wwwcanlii.org/en/ assessment of mental intention – only its manifestation in sk/skatildoc/2010/2010skab84/2010skab84.hont conduct and the memorial that remains as a fence, hedge, 2 Ibid., at para. 48. wall, or other structure. The defendants argued: 3 Ibid., at para. 37. Fifty Years Ago By Harold E. Jones

Reprinted from “Geomatica” - Vol. 64, No. 4, 2010

he January 1961 issue of The Canadian Surveyor included will be foolish to suppose that he can cover in detail the T a long “Letter to the Editor” titled Survey Education or whole field of progress. He will have more sense. What he the Education of Surveyors by two Lecturers in Surveying will have will be a sound, broad judgement of method, elec at Cambridge University in England, John E. Jackson and tronics, legal considerations, geology etc. and will know W. W. Williams, Lecturers in Geodesy and Topographical exactly when to call in the specialists in these fields. Surveying respectively. Both authors had graduated from Cambridge during the 1920’s (taking a wide range of courses In concluding their letter Jackson and Williams wrote: “Men with including mathematics, physics, basic surveying, etc.), served a broad education in principles have very quickly assumed large in varying capacities in what was known as a “Colonial” survey responsibilities in whatever was required of them: engineering department, and returned later to teach in their old department surveys, hydrological work, Tellurometer work, tidal work, map at Cambridge. printing, geodetic and gravity work, cartography and administration. Jackson and Williams both saw the The kind of man responsible for this role of the university as to produce achievement has changed little. We “wise men”—”men of learning”— see no reason why he should.” ”understanding principles” — with a broad liberal education, which could turn their minds to a wide range of Views on the Education of endeavours, and not to produce spe Surveyors expressed at the cialists. They believed that a graduate NBLS Annual Meeting wishing to pursue a career in survey At the January 1960 Annual Meeting ing should get their technical and of the Association of New Brunswick practical knowledge from a technical Land Surveyors two leaders in the school such as the “School of Military survey profession spoke on the Survey” and from gained work expe education of surveyors: S.G. Gamble, rience. When Jackson and Williams Director of the Surveys and Mapping reviewed the January 1960 issue Branch, Department of Mines and of The Canadian Surveyor, which Technical Surveys in Ottawa, and Ira was a report on the October 1959 M. Beattie, Head of the Department Colloquium on Survey Education, of Civil Engineering at the University they saw little evidence of the broad of New Brunswick. role of the university. Instead: Gamble recounted that in hiring We are surprised to find only rare graduates to work in the many survey references in the discussions to the ing fields of work in his department surveyor as a man. The modern the most acceptable ones were gradu notion of a surveyor seems to be a ates in mathematics and in physics container for a carefully selected along with engineers, foresters, patter of technical knowledge. We see the surveyor rather as agriculturalists, etc. The traditional route to a career as a a man of character, determination, ingenuity and integrity. professional land surveyor by apprenticeship with a practicing We are aware that great technical advances are now upon land surveyor was unsatisfactory. A broad academic education us, but are not unduly impressed by the fact, nor do we infer, which included the fundamental principles of mathematics and as do so many others, that the kind of education that we physics was essential. Only in the last year of an undergraduate received is rendered obsolete by technicalities. Surveyors course should some degree of specialization in the techniques have kept pace with progress in the past; the right men will of a particular field of survey, for example photogrammetry or keep pace in the future. But it is the man that matters, not the cramming that he has received. The surveyor of competence

Corner Post 14 SLSA Spring 2011 geodesy be considered, and only after graduation should the detailed practical experience be required. LETTER TO THE EDITOR Beattie noted that when the course in “Engineering and Surveying” was established at Kings College, the forerunner SURVEY EDUCATION, OR THE EDUCA- of the University of New Brunswick, in 1859 the subjects stud TION OF SURVEYORS? ied were English Language, Mathematics, Physics, Chemistry, Geography, History, Geology, and Architecture. So a graduate (Reprinted from “The Canadian Surveyor” Vol. XV, January 1961, No. 6) who might establish a career in surveying would have a broad We have been looking through the January (1960) education. Since then a narrow field of surveying had been rel number of your journal, and have been much inter- egated to merely a necessary part of Civil Engineering. ested to read what is written there about the training A few years previously the department found that surveying had of surveyors. Many of the views expressed have a fa- developed to such an extent that the existing Civil Engineering miliar ring either for their soundness or their pleading, course did not provide adequate background for the scientific but the general impression which they leave is rather developments in surveying instruments and methods. The disturbing. The views which we hold result from grad- professional surveyor needed a background in mathematics, uating at Cambridge in the 1920’s, serving for some optics, geology, geophysics, electronics, law, forestry, pho years in varying capacities in what was a “Colonial” togrammetry, projections, adjustments, geodesy, etc. with a survey department, and then teaching in our old de- broad base of knowledge in other sciences and “learnings”. partment.

A full time professor of Surveying was hired to establish a What has caused the present furore is that the world separate degree course in surveying education which was wants surveyors in large numbers. The traditional associated with but independent from civil engineering—not methods of producing them are too slow for a market a how-to-do-it course, but a course emphasizing fundamentals which tries to keep pace with rapid economic and in- without loosing sight of the art; this with a view to initiating a dustrial expansion, and the Universities are asked to new Department of Surveying Engineering. Beattie closed his step in to fill the gap. The world of surveying tells the paper emphasizing that “if the course is to take its place in the Universities what it wants them to do. And the Univer- scheme of things the graduate must have a deep appreciation of sities, it seems, must depart from their normal role of his responsibility to the public community; he must know what producing men of learning to turning out technicians is right and wrong; he must have a conscience, be more than a who in every detail, mathematical, physical, geologi- skilled technician; he must want to do something that will count cal, legal, etc. are going to satisfy their masters. To in terms of human welfare and advancement. He will receive what extent such men will be mathematicians, physi recognition as a professional person only if he acts like one”. cists, etc. etc. is apparently irrelevant. Nor is it clear why in this crisis the profession turns to the Universi- ties while, in less critical times no serious approach The Clash Between Ideals has been made. A review of the ideal education for surveyors expressed by This is not the first time that surveyors have been in Jackson and Williams in England and that expressed by Gamble great demand. It happened in the 1920’s and young and Beattie in Canada indicates some significant differences but men in the Universities embarked upon their three or perhaps they are not profound. Both want broad based education four year courses which included, but did not entirely in fundamentals but Jackson and Williams want to produce consist of, surveying. By the time they had graduated “wise men” without restrictions whereas Gamble and Beattie the slump had come and there were no jobs. If, at that put guidelines as to the types of subjects, mostly scientific, to time, any course had been devoted exclusively to sur- be studied. Both suggest that technicalities and expertise in the veying its products would most certainly have found details of the chosen specifc branch of surveying should be themselves in serious difficulties; a University course studied after graduation. In his closing remarks Beattie suggests of three or four years labelled “Surveying” would have that a Professional Surveyor must have knowledge of ethics and little appeal to the general employer; one in geodesy, sociology which is perhaps a close approximation to Jackson even less so. and Williams’ ideal of “wise men”. @

Harold E. Jones is a member of the Publications Committee for "Geomatica." But in the 1920’s the fact that the graduates had re- He can be contacted at: ceived a broad, liberal education saved them. We [email protected] should expect this argument to have little influence The letter to which Harold refers, begins in the next column. upon the men who attended your conference, and its relevance to the subject is obviously limited. But those days are well remembered by the men who suffered, and their sons know all about them. Another abuse 16 #

SLSA Corner Post Spring 2011 15 16 - “Survey Education of Education of Surveyors” # that surveyors resent is this; that employers who rap- they can specialize. This specialization covers topo- idly seize upon them while they want them, quickly graphical methods, field astronomy, photogrammetry, pay them off when their survey work is completed, geodesy, the theory of errors and the adjustment of while the engineers and administrators seem to stick; figures, and map projections. At all stages there is and surely it is to be inferred that the more clearly a an accompaniment of practical work. We know that man is to be labelled “surveyor”, the more certain he is the amount of practical work is insufficient to produce to be singled out for this most unfortunate treatment. skilled operators; the aim is to make it adequate for a proper understanding of the principles. That is why we We are surprised to find only rare references in the dis- wish our men to proceed, if they are going to pursue cussions to the surveyor as a man. The modern notion a career in surveying, to the School of Military Survey, of a surveyor seems to be a container for a carefully where they do much more practical work. We teach no selected pattern of technical knowledge. We see the Land Registration; this is a field where the principles surveyor rather as a man of character, determination, are few, and the applications so wide and varied that ingenuity and integrity. We are aware that great tech- we consider that the subject should be learned in the nical advances are now upon us, but are not unduly country where it is to be practised. impressed by the fact, nor do we infer, as do so many others, that the kind of education that we received is We have never claimed, and never intend to claim, rendered obsolete by technicalities. Surveyors have that our students leave us fully trained, ready at once kept pace with progress in the past; the right men will to undertake any task that may present itself. We do keep pace in the future. But it is the man that matters, not believe that the products of any training system not the cramming that he has received. The surveyor can do this. Such competence comes only from expe- of competence will be foolish to suppose that he can rience, probably learned by working alongside some- cover in detail the whole field of progress. He will have one who has had his experience, and who can engen- more sense. What he will have will be a sound, broad der confidence in those to whom guidance is given. judgment of method, electronics, legal considerations, geology etc. and will know exactly when to call in the There is no need to seek reasons why such a sys- specialists in these fields. tem should work. The justification for it is that it has worked. We could quote many cases of men who, The end product of Universities is neither surveyors, with this broad University education in principles, have technicians, nor even scholars. It is wise men. That very quickly assumed large responsibilities in what some of this wisdom should come to surveyors is obvi- ever was required of them; and we are aware of no ously desirable. But it would be out of keeping with the failures. Men have found themselves concerned with University idea if narrowing restraints were imposed Engineering surveys, Hydrological work, Tellurom- which might reduce breadth of vision or soundness of eter work, Tidal work of advanced kind, Map printing, judgment. The surveyor requires a basic knowledge Geodetic and gravity work and Cartography, as well of mathematics, physics and mechanics, sometimes as the administration of large Government depart- also of law; these subjects fall within the scope of ments. Their training and innate sense have enabled present University teaching; but the rest, the almost them—not immediately, but in weeks rather than in innumerable techniques, requiring many expensive months—to deliver the goods. instruments, cannot all be included, though some of them can be taught. This is no subject for flag waving, but the British have made a notable contribution to world mapping. We Here in Cambridge, surveying is taught in the depart- know that there are those who say that our methods ments of Engineering and Estate Management, and lag. But let them look at what has been done, and in each case the syllabuses are closely related to is being done. The kind of man responsible for this the parent subject. Their courses are too brief to be achievement has changed little. We see no reason of much use to land surveyors. If the term “engineer- why he should. @ ing” could be extended (as in some countries already) to include almost any applied science course, then J. E. Jackson* the Universities could turn out “Geodetic engineers” W. W. Williams† or “Topographic engineers” or even “Cadastral engi- ______neers”; but no such development is likely here. In our department of Geography students learn the elements *Lecturer in geodesy, Cambridge University, Cambridge, England. †Lecturer in topographical surveying, also of Cambridge. of surveying and cartography in the context of geography in their first and second years; in the third year

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/HZLV$G)35HI1HWHGLWLQGG 30 Improving Lives in Africa by Strengthening Land Information Systems By Jennifer Sowa

magine living with the constant Iworry that you could get thrown out of your home at any time. Fear that someone will seize your property by force and feeling there’s nothing you could do about it. That’s how millions of Africans go through life. Land tenure is a concept that’s straightforward in countries such as Canada and it’s generally taken for granted. It means you’re the rightful owner of your property, you have the paperwork to prove it and everyone respects that. Quality of life is linked to the stability that arises from land tenure. But it’s a fragile concept – even non-existent for some – in many African nations because Photos courtesy Lani Roux and Michael Barry of inadequate land title systems, inept governance or corruption. Developing better land information systems is more com- Lani Roux has spent over two years searching for ways to plex than most people think. Roux must study the factors that guide decisions, understand socio-cultural backgrounds, change that. She’s working towards her PhD in geomatics government structures, even power structures within commu- at the Schulich School of Engineering. Her work involves nities. And the only way to find that out is on the ground work- land information systems (LIS) and land tenure. She aims to ing tirelessly to interview people and hear their stories. shed light on how to improve land information systems, an area that has never been thoroughly researched from the “One of the participants in the research project, Mrs. D., told perspective of the users. This is a highly specialized area of me the story of her neighbour,” recalls Roux. “Her neighbour study that involves a mix of social science, law, engineering was HIV-positive and became very sick. She decided to sell her house and give the proceeds to her daughter. But it was and planning. an informal sales transaction and after she died her family Beginning in May, Roux will spend six weeks in South couldn’t get the money from the buyer and eventually gave Africa’s Western Cape province following up on interviews up. What the family didn’t realize is that, according to prop- she conducted on two previous trips. She has gathered erty law, they can claim the house back.” information and personal histories from local residents, land In that case the seller lost money, but in other cases, the owners, government officials and lawyers. buyers are exploited by unscrupulous owners who sell a “I hope my research makes a difference in their lives,” says house and then legally reclaim it without refunding the buyer. Roux. “When I talk to people, in the course of just one day Roux hopes her work will help prevent similar problems I’ve felt a wide range of emotions: sadness because of the encountered by marginalised groups of people when dealing @ struggles some people face; frustration at how easy it is for in land. people to become trapped; joy when I hear a happy story Lani Roux interviews South African residents as part of her research on about someone getting a first house; respect for someone ways to improve land information systems. who is building a business out of nothing but gumption; and Lani Roux’s faculty supervisor is Dr. Michael Barry, the John Holmlund dismay when I realize that one job with an uncertain future Research Chair in Land Tenure and Cadastral Systems at the Schulich is the means of feeding an entire family.” School of Engineering.

SLSA Corner Post Spring 2011 21 Dominion Land Surveyors and Arctic Sovereignty in the Early 20th Century By Shelagh D. Grant

Reprinted from “Ontario Professional Surveyor” Volume 54, No. 1 - Winter 2011

detachments that summer, two in the western Arctic and one at Fullerton Harbour on Hudson Bay.

Of all the Dominion Land Surveyors, Dr. W. F. King stands apart for his contribution to the understanding of Canada’s “imperfect title” to the Arctic Islands.

Born in 1854, King had emigrated from England at the age of eight and settled with his family at Port Hope Ontario. After o n c e r n s three years at the University of Toronto, he took leave in 1872 over Canada’s title to C and spent two years as a sub-assistant astronomer on the HBM the Arctic Islands mounted Boundary Commission that oversaw the survey of the 49th paral- in the 1890s following reports lel from the Lake of the Woods to the Rocky Mountains. Return- of American whalers wintering over in both the western and ing to university in December 1874, he graduated the following eastern Arctic. Apart from an expedition to Hudson Strait and year with Bachelor of Arts, a gold medal in mathematics and an Cumberland Sound in 1897, further response was delayed as a enviable record as an outstanding scholar. result of a more serious threat to Canadian sovereignty arising from the discovery of gold in the Yukon and the dispute over the In 1876, King was granted status as a Dominion Land Survey- Alaska boundary. On this issue, the Ministry of the Interior re- or and the first to become a Dominion Topographic Surveyor. lied heavily on the advice of senior Dominion Land Surveyors Known for his integrity, intellect and analytic mind, he quickly who had worked in the region. Yet again in 1920, a seemingly advanced through the ranks of the civil service until appoint- disproportionate number were called upon once more for advice ed Chief Astronomer in 1890. He also served on a long list of when government officials faced a potential threat to Canada’s boundary commissions, was attached to the Joint High Commis- title over the Arctic Islands.1 This article indentifies who they sion in 1898-99 as an expert on boundaries, and was the founder were and how they had developed their expertise. and director of both the Dominion Observatory and the Geodetic Survey Canada. Particularly relevant to this study were the two While many Canadians are aware of the role played by the Do- commissions created to survey the southern and northern Alaska minion Land Branch in opening the west for settlement, few boundary (1904-17), headed by Dr. W.F. King for Canada and have considered the attraction of surveying the Alaska/Yukon O. Tittman for the United States. boundary for young men with a penchant for wilderness explo- ration and applied science. Moreover, because of joint surveys, In 1904, King was conferred with an LLD by the University of many were familiar with their American counterparts. Survey- Toronto, for his work on the Alaska boundary. A colleague at the ors such as William Ogilvie and William Dawson are legendary in the history of the Yukon, but less celebrated figures also rose through the professional ranks to attain senior positions in the Canadian civil service. A few developed a keen interest in Arc- tic sovereignty issues, whereas members of the Geological Sur- vey were understandably more interested in mineral and other resource potential, as were Ontario Land Surveyors.

The link between the Alaska boundary dispute and Arctic sovereignty concerns is best personified in the life work of Dr. William Frederick King, DLS, who in 1903 assisted Minister of the Interior Hon. Clifford Sifton in preparing the Canadian claim for the Alaska Boundary Tribunal in London, England. As a result of discussion while aboard ship that spring, Sifton asked King to prepare a full repot on the status of Canada’s title to the Arctic Islands, even though he had already arranged for the establishment of three new Northwest Mounted Police Photo of J.D. Craig DLS and Thomas Riggs Jr. LLS setting the Alaska-Yukon boundary at the arctic Ocean, July 1913. Alaska State Library, Early Prints of Alaska Photograph Collection, P297-280

Corner Post 22 SLSA Spring 2011 Dominion Observatory wrote that “his partment of the interior. Notable by his very reticence, modesty and lack of self- absence was Dr. King, who had passed assertion combined to make knowledge away in 1916. That December, yet an- of his work and achievements thorough- other Dominion Land Surveyor, John ly known only to the few who had the Davidson Craig, would be appointed privilege of working with him”—per- “Advisory Engineer” attached to the haps explaining why his name is rela- Northwest Territories Council under the tively unknown to most Canadians.2 department of the interior, with instruc tions to take over “the sovereignty file” In terms of Arctic sovereignty, King’s and supervise preparations for an expe- major contribution was his confiden- dition to Ellesmere Island.4 All of the tial Report on the Title of Canada to above surveyors had been directly or the Islands North of Mainland Canada, indirectly involved in the Alaska bound- submitted to Clifford Sifton as a draft ary dispute. copy in 1904 and published the following year for limited distribution among Dr. Edouard Gaston Deville, who senior members of parliament, senate, chaired the special committee, had been and ministry officials. In his conclusion, a close colleague of Dr. King, had held King wrote that “Canada’s title to some the position of the Surveyor General at least of the northern islands is imper- since 1885, and was likely considered fect,” and might “be best perfected by W.F. King - W.J. Topley Collection, Library and Archives of Canada the next best informed on the subject of exercise of jurisdiction where any settle- - A067092 boundaries and international law. Born ments exist.”3 Unfortunately, the most vulnerable islands were in France in 1849, he immigrated to Canada at the age of 25. uninhabited. In 1878 he was commissioned as both a Dominion Land Sur- veyor and a Dominion Topographical Surveyor. His innovative As an interim measure, a series of four expeditions were sent to technology in using photography for mapmaking, especially of the High Arctic from 1904 to 1911. The first was commanded the Canadian Rockies, was adopted by the Geological Survey by A.P. Low of the Geological Survey on a chartered vessel SS and later the International Boundary Commission. Deville also Neptune. The others were led by Captain E. J. Bernier aboard received an honorary degree from the University of Toronto in the newly purchased government ship CGS Arctic. In each case, 1905, a year after King. stone cairns were erected at strategic locations and a flag was raised, accompanied by declarations of Canadian sovereignty. Vice-chair of the special committee, Dr. Otto J. Klotz, was also a close colleague of both King and Deville. Born in Ottawa in With the defeat of the Liberal government in the fall of 1911, 1852 and with secondary schooling in Galt, he went on to study this series of expeditions ended. Instead, the Conservative gov- civil engineering in Ann Arbor, Michigan. In 1877, he too had ernment funded the more comprehensive Canadian Arctic Expe- qualified as a Dominion Land Surveyor and two years later as a dition (1914-18) led by Vilhjalmur Stefansson, which resulted Dominion Topographical Surveyor. His first hand experience in in extensive scientific studies and the discovery of previously the Arctic occurred in 1894, when he led an overland party from uncharted islands west of Ellesmere. On his return, and hoping Saskatchewan to the mouth of the Nelson River on Hudson Bay. to obtain government funding for his proposed reindeer farm, Then in 1898, he was sent on a confidential mission to London Stefansson initiated correspondence with J.B. Harkin as Com- and St. Petersburg to obtain information on the Alaska bound- missioner of Dominion Parks, with the warning that parties from ary. In 1904, Klotz also received an honorary degree from the Knud Rasmussen’s trading post in northern Greenland were University of Toronto and in 1917 succeeded King as Chief As- hunting musk-ox on Ellesmere Island and threatening their ex- tronomer and the following year as a Director of the Dominion tinction. Still receiving no support for his proposal or for further Observatory. explorations, Stefansson requested a meeting of government officials to discuss the proposed Danish Fifth Thule Expedition The two other Dominion Land Surveyors on the special sub- led by Rasmussen, which he described as a serious threat to committee were James. J. McArthur and Noel J. Ogilvie. Canada’s sovereign title to the Arctic Islands. McArthur was born in Aylmer, Quebec in 1856 and was known for his mountaineering feats while surveying the Canadian Pa- A special meeting of the Advisory Technical Board (ATB) re- cific Railway line through the Rockies. In 1917, he was also a porting to the Department of the Interior was arranged on 2 Oc- member of the boundary commission responsible for surveying tober 1920 to hear Stefansson’s concerns. This resulted in the the Alaska-Yukon border and a co-author of the commission’s creation of a special sub-committee to investigate and advise report that year. Noel Ogilvie, on the other hand, was a relative necessary action. Members of this sub-committee included four newcomer on the scene. Born in Hull in 1880, he was related Dominion Land Surveyors: Dr. E.G. Deville as chair, Dr. O.J. to the famous William Ogilvie and had worked on the Canada- Klotz as vice-chair, J.J. McArthur, and N.J. Ogilvie, as well as Alaska boundary (1909-14). He also worked as an assistant to two others, J.B. Harkin as secretary and F.C.C. Lynch, Superin- tendant of the Natural Resources Intelligence Branch of the de- 24 #

SLSA Corner Post Spring 2011 23 Once he determined that the vague boundaries described in the transfer of the Arctic Islands were because of competing discovery claims by American explorers, the more recent explorations by foreigners could no longer be ignored. The objective in 1921 was to provide effective administration of the most vulnerable regions in accordance with international law and ahead of other countries with competing discovery claims. The consensus was that this would be best accomplished by establishing additional police posts in the Arctic Islands as evidence of “effective occupation,” along with an annual supply patrol which might be described as an extension of the A.P. Low and Bernier expeditions to avoid raising public curiosity as to their purpose.5

The full story of why the government expedition and construction of the new RCMP detachments were delayed until 1922 is too complicated to relate here, except that Craig was appointed commander of the first two expeditions now referred to as the Eastern Arctic Patrol, before returning to his work with the boundary commissions. In the end, five new police posts were built in the eastern Arctic: at Craig Harbour on Ellesmere Island, Dundas Harbour on Devon Island, and at Pond Inlet, Pangnir- tung and Lake Harbour on Baffin Island.

Map of Franklin District showing Arctic Islands claimed by Canada in 1911, LAC-R11981-53-5-E Significantly Craig was the only Dominion Land Surveyor to be King and in 1917 replaced him as Superintendent of the Geo- included in the 1925 committee struck to deal with yet another detic Survey. challenge to Canada’s title to the Arctic Islands, this time from Of the two non-surveyors on the special committee, J.B. Harkin the United States Navy. Referred to as the Northern Advisory requires special mention, as it was through him that Stefansson Committee, this confidential body was chaired by W.W. Cory as initially communicated his concerns and kept in contact with government officials. Although Stefansson’s warnings subse- quently proved to be exaggerated and blatantly self-serving, at the time they were taken seriously. Harkin’s appointment as secretary was particularly appropriate given his early career as an investigative journalist and subsequent appointment as political assistant to the Hon. Clifford Sifton, allowing him first hand knowledge of the minister’s involvement in the Alaskan Bound- ary Tribunal and King’s report on the Arctic Islands.

As secretary, Harkin prepared a number of lengthy reports on the importance of Ellesmere Island and the vulnerability of its title. In October and November 1920, the subcommittee reported weekly to the ATB on their findings, concluding in a report to the department with the suggestion, among other options, that RCMP posts should be built on Ellesmere and other islands in the eastern Arctic, supplied annually by a government expedition.

After a report from Loring Christie as legal advisor to Exter- nal Affairs concurred, arrangements were made in December to proceed with this option under strict secrecy, at which time J.D. Craig was appointed as “Advisory Engineer” to oversee the project. Unlike Harkin, who relied on reports derived from sources available to him through departments represented on the ATB, Craig dug deeper into the legal ramifications, seeking additional information from the department of justice, Privy Council, and from British documents and maps which had not been available to King.

Dr. Edouard Gaston Deville - AOLS Archives

Corner Post 24 SLSA Spring 2011 In 1925, J.D. Craig was appointed as Canadian Commissioner of the new Canada/U.S. International Boundary Commission (IBC), a permanent body created by the Treaty of Washing- ton. This body essentially replaced the need for the numerous boundary commissions initially established under the Jay Treaty of 1794, then by subsequent treaties or conventions. The first American commissioner appointed to the IBC was Thomas C. Riggs Jr., Craig’s co-leader on the joint survey of the northern portion of the Alaska-Yukon boundary. Equally signifcant was the fact that upon Craig’s death in 1931, he was replaced by Noel J. Ogilvie. The function of the IBC has been described as “operational, regulatory, advisory, and custodial,” and cred- ited with having successfully avoided potential conflicts along Canada/U.S. borders for over 80 years.6

Some historians have suggested that Canadian officials in 1920 were unprepared and confused as to what action was required to establish firm title to the islands of the High Arctic. Perhaps it appeared so on the surface, but thanks to the professional expertise and insightful analysis of senior Dominion Land Survey- ors, especially Dr. W. F. King and later J.D. Craig, key officials knew full well what was required to protect Canada’s title. What seemed more difficult was convincing their political masters that the financial costs to achieve the goal were essential if Canada

Dr. Otto J. Klotz - AOLS Archives was to maintain control over its sovereign rights in the Arctic – a problem still experienced today. @ Deputy Minister of the Interior, with Dr. O.D. Skelton as Under- Shelagh D. Grant is an adjunct professor in the Canadian Studies Program Secretary of State for External Affairs assuming the chair in his and a research associate of the Frost Centre at Trent University. She is absence. Aside from Craig and Harkin, members now included the author of "Polar Imperative: A History of Arctic Sovereignty in North America". Information about Shelagh’s book can be found in the Book Review the RCMP Commissioner and senior officials of all key depart- on page ??. ments involved in northern affairs. Other Suggested Readings: Lewis Green, The Boundary Hunters: Surveying the 141st Meridian and the Alaskan Panhandle. Vancouver: University of British Columbia Press, 1982 James 0. MacGregor, Vision of an Ordered Land: The Story of the Dominion Land Survey. Saskatoon: Western Producer Prairie Books, 1981 Don W Thomson, Men and Meridians: Volume 2. Ottawa: Information Can- ada, 1972

References: 1 Additional information and archival references for this article are found in two of my books: Polar imperative: A History of Arctic Sovereignty in North America. Vancouver: Douglas & McIntyre, 2010: pp. 193-246: and Arctic Justice: On Trial for Murder Pond Inlet 1923. Montreal and Kingston: McGill-Queen’s University Press, 2002: pp. 24-30. 95-186. 2 J. S. Plaskett. “W. F. King,” The Journal of the Rural Astronomical Soci- ety of Canada. Vol. X. No. 6 (July-August 1916). 270. 3 Dr. W. F. King, “Report upon the Title of Canada to the Islands North of the mainland of Canada.” Marked confidential, a copy of the printed report dated 1905 may be found in LAC, J.D. Craig Papers, MG30 B57, vol, 1, file “Reports and Memos.” 4 Craig reported to the Commissioner of the Northwest Territories, WW Cory, who was also Deputy Minister of the Department of the Interior. 5 Most memos and reports connected with the investigations and planning for the project are found in the J.D. Craig Papers, the J.B. Harkin Papers, MG30 El 69, Vol. 1 and in RG 85 Vol. 583, File 571, parts 1, 2, and 3. For reference to the proposed expedition as an extension of the A.P. Low and Bernier expeditions, see all the above: memo from Harkin to Cory, 4 December 1920. 6 Alex McEwen, “The Value of International Boundary Commissions: The Canadian/American Experience,” paper prepared and presented by the Canadian International Boundary Commissioner at a conference on International Boundary Management, IBRU University of Durham, UK, (September 2001). See also W.J. Banks, “Fixing Friendly Frontiers,” The J.D. Craig, as Commander of the Eastern Arctic Patrol in 1922, John Rotarian (September 1941): 19-22. D. Craig Collection, LAS-PA210045

SLSA Corner Post Spring 2011 25 PROTECTING YOUR WORK By Knud E. Hermansen, PLS, PE, PhD, Esq. and John J. McDonough, MS, ABD, PE

Reprinted from “Empire State Surveyor” Vol. 46, No. 6 - November/December 2010

surveyor looking through subdivision plans at the der the supervision of a knowledgeable professional, and A county courthouse finds a subdivision with her seal 3) the professional is placing their reputation behind the and signature that she did not know about. An engineer document. Without the seal and signature, the document consultant discovers that one municipality is building a for all practical purposes is worthless. Unfortunately, to bridge based on a preliminary design he provided to an- please the client, save time, allow for prolonged absenc- other municipality five years ago. A draftsman working at es, or reduce burdensome repetitive tasks, many practi- an architecture firm receives a call from a contractor re- tioners have scanned their seals and signature for inclu- questing a minor change in an architect’s plan. The drafts- sion on CAD drawings. In other cases, practitioners have man makes the change on the original (bearing the ar- made paste-on copies of their seal and signatures to eas- chitect’s seal and signature), makes several copies, and ily affix them to documents. These and similar practices mails them to the contractor. These and other similar situ increase the unauthorized alterations or fraudulent use of ations are not uncommon. the seal and signature. The application of a practitioner’s seal to documents by employees invites fraudulent use Increasingly licensed practitioners such as surveyors, and circumvents the review that responsible supervision engineers, and architects face liability arising from the requires. improper use or possession of the documents they have authored. In some cases practitioners are finding their If a digital copy is requested, do not include a scanned seal drawings modified, changed or fraudulent work prepared and signature on the digital copy. Instead, send a digital under their name without their knowledge or permission. copy without the seal and signature together with a paper In other cases, documents prepared under special condi- copy that does contain a seal and signature. An affidavit tions for a client end up in the possession of third parties or note can be included to establish privity and authenticity who use the documents beyond the intent or original scope between the digital and paper documents. of conditions. High resolution copiers, scanners, minimal enforcement, and the supposedly high cost of profession- Please examine the digital plan on the disk against the al services has fostered improper practices — denying the paper plan enclosed in the same package. If there are practitioner income, harming users, and creating unex- any differences or discrepancies between the documents, pected liability. There are several techniques a practitioner contact the author at once. can employ that will help prevent unauthorized alterations or unauthorized use of a practitioner’s documents. 3. Do not release possession of a master or original (at least without safeguards). 1. Do not seal and sign the original master that is As previously stated, the master or original document kept in the office. should remain in the possession of the author. Modifica This will prevent employers, employees, future owners, tions, changes, or erasures made on the original ordinarily and others from making alterations to the original docu- cannot be detected. In some cases this is not practicable ment then disseminating copies without the knowledge or allowed. For example, in some cases only those devel- or permission of the author of the document. Under ideal opment plans containing the original seal and signature conditions, if a practitioner has left the firm and further are accepted for recording. In this or similar cases, the work is required on a previous project, the employer or practitioner should hand carry the documents through the person in responsible charge of subsequent work should various agencies. Where this is not practical, the practitio sign and seal the modified plan. ner should review the document before it is recorded or shortly thereafter. 2. Always keep your professional seal in your possession or control. 4. Make it difficult to make unauthorized copies of authorized copies. As most practitioners are aware, their seal and signature make what could he a worthless document valuable. The This safeguard is usually accomplished by making it dif- presence of a professional seal and signature on the doc- ficult to make legible copies or making copies easy to de- ument implies: 1) the document meets certain minimum tect. The first safeguard may simply require making docu- professional standards, 2) the document was created un- ments in off-sizes (i.e., sizes not ordinarily available on

Corner Post 26 SLSA Spring 2011 typical photocopiers). Generally any plan dimension over authorized copies may contain fraudulent, incorrect, er 450 mm will prevent ordinary photocopies by requiring roneous, or misleading information or omit important and sheets be spliced. However, the best method to employ is relevant information. Do not use or rely on unauthorized to make copies easy to detect. This is usually done by in- copies. cluding notes on the document clearly describing a special quality found only on authorized documents. In effect, the 6. Take steps to reduce the value of authorized author is describing to the innocent user how to determine copies that may be in the possession of unauthorized copies. Examples used to warn potential us- persons not authorized or expected to have ers of unauthorized copies include the following: copies. Warning: Documents prepared by the __ [engineer, survey It is not unusual for the practitioner to make several au- a special quality found only on authorized documents. In effect, the or, architect, etc.] are on paper bearing a watermark in the thorized copies for some specific purpose only later to find author is describing to the innocent user how to determine unauthorized that some third party has obtained possession of an au- copies. Examplesshape ofused a __ to. Towarn view thepotential watermarkusers examineof unauthorizedthe paper copies include the following:with a strong light placed behind the paper. thorized copy and used the document for a purpose not contemplated when the original was prepared. Warning: Original plans contain a purple colored profes Warning:sionalDocuments seal. prepared by the ___ [engineer, surveyor, architect, etc.] are on paper bearing a watermark in the shape of a __. The document has been provided to with certain ca To viewWarning: the watermark Original examine plans contain the paper a crim withp or araised strong im lightpres placed veats and verbal warnings concerning its use and reliabil behind sion the paper.of a professional seal. ity. This document was intended for a specific use during a Warning: Original plans contain a purple colored professional seal. specific time period. If this document is in the possession Warning: Original plans contain a signature in red ink. of any person other than or its authorized agent Warning:PleaseOriginal compplansare thiscontain signaturea crimpwith theor signatureraised impression found in of a the seal, signature, and certification are revoked. Reliance professionaldeed book seal. __, page__ , County Record of Deeds office or on the document by any person after 20__ could lead call the firm of and an original signature will be sent to you Warning: Original plans contain a signature in red ink. Please compare to serious damages or other unexpected consequences. this signaturefor com p witharison. the signature found in deed book __, page __, __ County Record of Deeds office or call the firm of __ and an original7. Make it easier to identify the violator. signatureJust willas important be sent to as you placing for comparison a note on the document is to place it in such a manner that its removal will be difficult If persons are found to have unauthorized copies or unau- Just as importantor destru asctive. placing Probably a note the on best the location document for the is to note place is it inthorized such persons have possession of authorized copies, a manner across that its the removal seal or signaturewill be difficult itself. Theor sealdestructive. and signatureProbably the sourcethe can frequently be identified by numbering each best location for the note is across the seal or signature itself. The seal will be destroyed if the note is fraudulently removed. authorized copy and keeping a record of the number and and signature will be destroyed if the note is fraudulently removed.distribution.

10874 Note on one Document: Professional Land Surveyor Edition 1: Copy 2 of 5

Notes in File: Edition 1: Copy 1 of 5 — Client Warning: The original documentt Edition 1: Copy 2 of 5 — Client’s Attorney contain a purple colored professionall seal and red signature. Edition 1: Copy 3 of 5 — Client’s Builder

John Smith, P.L.S. Edition 1: Copy 4 of 5 — Copyright Office Edition 1: Copy 5 of 5 — File Copy 5. Take steps to make unauthorized copies worthless or suspect. Once the practitioner5. Take has steps taken steps to maketo help unauthorizedthe user identify copiesunauthorized Using the above notation, several benefits are available. copies, the practitioner should couple this with steps to makeFirst,the including an edition number allows the practitioner unauthorizedworthlesscopies worthless or suspect.or warn the user about the dangers of to make subsequent copy runs while keeping track of revi- using unauthorizedOnce the practitioner copies. Generally, has taken this steps is accomplished to help the user by adding to sions and the copies made. For example, if the client re- the previousidentify notes. unauthorized Some examples copies, include: the practitioner should cou- quests two more copies of the document or the practitioner ple this with steps to make the unauthorized copies worth- revises the earlier edition, the practitioner simply changes The seal,less signature,or warn the and user certification about the dangers are hereby of using revoked unauthor or otherwise- void on all unauthorized copies. the edition number and makes additional copies. ized copies. Generally, this is accomplished by adding to the previous notes. Some examples include: Note3 on one Document: The seal, signature, and certification are hereby revoked or Edition 2: Copy 1 of 2 otherwise void on all unauthorized copies. Notes in File: This document has been copyrighted. Anyone possessing a copy may face civil and possible criminal damages. Un Edition 2: Copy 1 of 2 — Client

SLSA Corner Post Spring 2011 27 Edition 2: Copy 2 of 2 — Client I prepared for Lionel DeCrook, dated 23 June 1994, and submitted for municipal and state permits has been altered Second, by numbering each copy and keeping track of by persons unknown and that the alterations were not made the dissemination, the practitioner is able to identify the under my direction, with my knowledge, or with my per person who has made unauthorized copies or given an mission. Furthermore, it is my professional opinion that the unauthorized person an authorized copy. For example, if alterations change the scope, character, and purpose of the the practitioner discovers a third party has obtained a copy design to the extent that the reliability and safety of the sys of “Edition 1: Copy 2 of 5” a call and warning to the person tem that was installed are suspect and prone to premature who was given the authorized copy may prevent a repeat failure. Dated at Yaruma. State of Zena, this 14th Day of and cause the copy to be returned. September 1994 Finally, the total number of copies made are shown. By examining any copy, the practitioner or client knows how Jason Smith many authorized copies are available. State of Zena Yaribia County, ss 8. Warn the public about unauthorized or fraudulent work that is discovered. Personally appeared the above named Jason Smith and made oath to the truth of the foregoing statements and also Despite the precautions and care a practitioner may ex- acknowledged this instrument to be his free act and deed. ercise, occasionally unauthorized or fraudulent work finds its way into the possession of unsuspecting users. In other cases, fraudulent or altered documents are recorded allow- Roberta Kase ing all persons to use them. A practitioner may be liable for Notary Public failing to take steps to warn innocent reliant parties once If the affidavit is recorded or made a part of the municipal unauthorized alterations or fraudulent work is discovered record, the practitioner should plan to amend the record. by the practitioner. Probably the first recourse is to simply Obviously an innocent person who corrects the problem ask that all unauthorized work be returned. Obviously this would like to set the record straight so it does not impede is not always a practicable or trustworthy approach. the value or title to their property. Amending the record A special lawsuit known as a quia timet is another re- usually entails recording another affidavit stating in factual course. Quia timet is an equitable remedy that allows a format the changes or alterations that have been made in potentially aggrieved party to obtain prejudgment relief the design, construction, etc., and that they have been ap- in order to prevent anticipated injury. In this equitable ac- proved by the practitioner. This is followed by an opinion tion, the author of the document sues all persons known that the system, improvement, etc. is better or substan- or unknown who have unauthorized alterations or fraudu- tially in the same condition as it would have been had the lent copies. They are required to return, destroy, or litigate unauthorized or fraudulent authorizations not be made. their reason for retaining the copies. Unfortunately, litiga- tion can be slow and expensive and therefore is seldom 9. Give yourself an edge when it’s your word favored. against theirs. When alterations are discovered, usually someone will A third option is to record an affidavit in the municipal office suffer damages, accusations traded, and threats of law- or county courthouse to put the public on notice. In prepar- suit made. The ultimate question is, were errors made by ing an affidavit, it is important for the practitioner to only the author or alterations made on the document after it left state truthful facts. In some cases, the facts may be fol- the possession of the author? Producing a correct origi- lowed by a professional opinion relating to the reliability of nal does not always alleviate the accusations. The original the document, design, or improvement based on the facts author will be accused of making revisions to correct the stated. The professional opinion should be reasonable. original the night before. Obviously having a neutral third In other words, other competent practitioners in a similar party vouch for details on the original supplied some time situation would more likely than not have the same opin- ago would be ideal. There is a method to use the United ion. The practitioner should be aware that recording of an States Postal Mails for this service. As illustrated by the affidavit may jeopardize the title to the property, frequently subsequent diagram, the practitioner should take the fol- harming innocent or unsuspecting persons. With the guilty lowing steps to preserve an unimpeachable copy of his of party long gone, blame is placed on the messenger or af- her original work. fiant in this case. a. At the time the original work is conveyed to the client, I, Jason Smith, a professional engineer in the State of Zena take an envelope and place a copy of all material sent (PE#24571-E) being duly sworn, deposes and says the on- to the client inside the envelope. site sanitary septic system design b. Seal the envelope tightly for long term storage.

Corner Post 28 SLSA Spring 2011 c. Place your address on the “wrong” side of the enve- First, the ownership and possession of the documents can lope along with your own return address and proper be dealt with. This should establish the respective rights postage. Place the postage across the envelope regarding the documents. In some cases it is desirable for seal. the practitioner to retain ownership and possession of the original. In other cases where information may he sensi- d. Bring the envelope to the post office and have the tive the client may retain the ownership of the document postal personnel hand cancel the stamps using a dat- while the practitioner retains the right to exclusive posses- ed stamp. If possible, place a “cancel” stamp at other sion of the original document. points along the seal. “cancel” stamp at other points along the seal. All original documents prepared in the course of service for the Client will be retained by and under the exclusive James Ackley Surveyors control of the Practitioner. 121 West Enfield Street Oakland, Zena 12232 Second, the number, source, dissemination, and cost of subsequent copies can be addressed. Within five years of the completion of the services, Client may request up to 10 additional copies of the plan for the James Ackley Surveyors use of the Client or its employees and agents at a cost of 121 West Enfield Street Oakland, Zena 12232 $5.00 per plan. Third, any restrictions on documents can be clarified. Re- strictions can include making copies, alterations, transfer to third parties, and recording. Client and Practitioner hereby agree that copies contain ing the seal, signature, and certification of the Practitioner e. Place the envelope in the mail for return to your office. shall not be provided to third parties unless both parties When it arrives at your office be sure the envelope is agree, one party is directed by competent authority, or the not opened. It should be placed in storage where it seal, signature, and certification are defaced or removed. can be found and will remain unopened (e.g., client Client and Practitioner hereby agree that no alterations, folder). changes, omissions, or modifications shall be made to the plan without express permission of the Client and Practi f. If the contents and authenticity of the original work are tioner. Practitioner shall record a copy of the plan at the ever called into question, the envelope can be pro- completion of services in the County Registry of Deeds. duced and opened in the presence of a neutral third- party witness. Sometimes it is also helpful to make a Fourth and finally, a contract can include relief, remedies, record that the material has been mailed to a particular and damages dealing with unauthorized copies or unauthor person. While certified or registered mail is probably ized persons in possession of authorized copies. the best method to employ; for day to day practice, the practitioner can make a copy of the properly ad- Client and Practitioner agree to indemnify or otherwise dressed envelope containing the correct postage and hold the other harmless for any damages and costs to in store that in their records. The law presumes that a clude attorney fees and court costs for the other party to re properly addressed envelope, affixed with the correct move, seize, obtain, and/or destroy unauthorized copies or postage, and placed in a mailbox is delivered. authorized copies in the possession of third parties brought about or caused by their negligence or intentional actions.

10. Give yourself extra clubs. This is not an exhaustive list of suggestions and consid- In spite of all the precautions, unauthorized persons will erations in protecting documents. In some cases these obtain copies or unauthorized alterations of documents options may not be appropriate or practical. They should will occur. In certain cases, having extra remedies or clubs he considered and discussed with counsel to determine to seek redress is helpful and comforting. Probably the which option is appropriate for the business or circum- most helpful remedy regarding documents is to copyright stances. @ the documents. Federal copyright protection affords relief in the Federal courts with substantial damages in some © 1994 Knud Hermansen cases. Knud E. Hermansen operates a consulting firm and is an Associate Professor in the School of Engineering Technology, University of Maine. Other avenues of redress can be provided by contract between the practitioner and client. Four situations are typi- John J. McDonough is a Professor and Director of the School of Engineering cally, covered by contract. Technology at the University of Maine.

SLSA Corner Post Spring 2011 29 Simply Accurate Underground Information By Jeremy Cook, P.Eng and Donna Cragg

Reprinted from “Ontario Professional Surveyor” Winter, 2011 – Volume 54, No. 3

Canada’s new CSA S250 ‘hits the mark’ by in- the province to be in excess of $70 billion, which represents a troducing a framework for accuracy in map- significant investment to be safeguarded. Actually the initiative to develop S250 has been driven in part by the recognition of ping of underground utility infrastructure. the increasing business and social costs incurred from not being able to define with standard accuracy what is under the ground. he publication of Canadian Standards Association (CSA) TS250 - Mapping of Underground Utility Infrastructure is expected in March 2011 and will inevitably be compared with What will this mean to surveyors? the only other like standard in existence, the American Society The essence of CSA S250 is that it provides a selection of accu- of Civil Engineers’ Cl/ASCE 38-02 (ASCE 38-02). The compar- racy and reference datums defined as Levels 1 to 4, plus a Level ison is interesting because although both standards cover similar 0 for unknown spatial accuracy such as when copying previous ground their focus of application differs. ASCE 38-02 is aimed records to create base mapping. The accuracy selections range at existing Infrastructure and provides a framework for quality from ±25mm to ±1000mm and the reference datum is to be geo- analysis of mapping records. CSA S250 is aimed at new infra- detic for the two higher Levels with a choice of geodetic, cadas- structure and provides a framework for defining accuracy and tral or topographic for the two lower Levels. Except for Level 0, reference datum with respect to mapping and as-built records. results must be referenced to an acceptable datum with a 95% Development of the CSA S250 standard started in the fall of confidence level. Subject to any last minute adjustments the pub- 2007 with the establishment of a Technical Committee that lished specifications are expected to be as illustrated in Table 1. included subject matter experts from across Canada. Funding The obvious benefit of CSA S250 to those involved with under- for development through to publication of CSA S250 has been ground infrastructure is that there will be a clear understanding provided by the member municipalities of the Regional Public of the accuracy associated with any utility map or plan. One of Works Commissioners of Ontario, Public Works and Government the challenges of the pre S250 situation has been the inability Services Canada, Department of National Defense, TELUS and to determine the required accuracy level, or an inconsistency the Association of Ontario Land Surveyors. A draft version of here that has led to confusion when viewing the results. In this the standard was released for public review in September and the respect S250 will offer a simple and consistent approach that is review period concluded on November 6th, 2010. The final ver- easily understood. For those on the receiving end of mapping sion is now in the last stages of preparation with the Technical requests this improvement will be appreciated. Committee prior to presentation and approval by the CSA Board. Another important aspect of CSA S250 is that it will permit cer- Once this is completed CSA S250 will be formally released. tification by any competent person, whereas ASCE 38-02 only Mark Braiter, CSA’s Project Manager for S250 says its introduc- permits certification by a professional engineer. At times re- tion will be aimed at setting a “Standard for Mapping of Un- quests for underground information have been phrased in terms derground Utility Infrastructure in Canada ensuring that under- such as “equivalent to ASCE 38-02” when a professional engi- ground plant is readily identifiable and locatable”. Underground neer’s stamp is not required. Licensed surveyors will meet the plant has increasingly been on the radar for two main reasons, competency requirement: outlined in the standard and will be cost savings and safety. The Ontario Regional Common Ground able to certify their results under S250. Alliance estimates the value of underground infrastructure in This may also influence the use of the term Subsurface Util- ity Engineering (SUE) which was intro- Specifi- Accuracy Requirement Reference Datum duced by ASCE 38-02 in 2003 and rap- cation idly became synonymous with mapping Level 1 ±25 mm in x, y, z coordinates geodetic of underground utilities. The popularity Level 2 ±100 mm in x, y, z coordinates geodetic of this term led to many requests for SUE Level 3 ±300 mm in x, y, z coordinates geodetic, cadastral or topographic studies and attendant engineering certifi- Level 4 ±1000 mm in x, y, z coordinates geodetic, cadastral or topographic cations when all that was really required Level 0 No spatial accuracy was a mapping exercise. In response to this some companies began to introduce Table 1.

Corner Post 30 SLSA Spring 2011 new terminology such as Subsurface Utility Mapping (SUM) or Subsurface Utility Investigation (SUI) in order to distinguish requests for mapping when engineering services were not actually required. The problem was that even where companies were properly licensed to provide engineering services the extra cost involved might have led to loss of work in a competitive envi- Changes to ISC’s plan processing ronment. The advantage of S250 is that as long as the mapping meets the standard there will be no need for additional services service are proposed - input welcome! or cost in order to meet certification. By Denise Black One area that remains somewhat unclear prior to CSA S250’s publication is how users will respond to the distinction between Since the summer of 2010, ISC has been conducting a review of its current plan processing service. The corporation has engaged new and existing infrastructure installations. S250 is aimed at industry, customers and its own employees through focus the measurement of newly installed infrastructure or existing groups, interviews and workshops in an effort to help identify a infrastructure when it is exposed during the course of subse- number of proposed changes that will help improve the service. quent excavation. Users are referred to ASCE 38-02 when deal- ISC’s goal is to hear from all concerned parties on the impacts ing with existing infrastructure that is not exposed. This means and merits of any proposed enhancements in order to make the that CSA S250 is not intended to apply to the measurement of best possible decisions before proceeding. locate marks or where the position of a buried utility is deter- The current plan processing and approval system hasn’t changed mined by remote detection methods. The problem of switching much over the past 10 years. Over that time, there have been to ASCE 38-02 in this situation is that although it can classify many positive changes to land surveying and government prac- the result as Quality Level “B” it does not provide any guidance tices. Technology has advanced and so has the demand for qual- as to how accurate to make the positional measurements. One ity geographical information as drivers of economic growth. As well, there are added demands on government service levels possible consequence of this is that people will start to combine and on surveyor compliance with government policy. The cur- the two standards to create a hybrid approach. For example they rent workforce, combined with restrictive technology infra- may ask for detection methods that will provide ASCE 38-02 structure, budget and cost constraints are other contributory Quality Level “B” combined with accuracy and reference datum factors compelling plan processing changes. that meet CSA S250 Level 2. This is not necessarily a problem To date, many potential enhancements to the service have been because it appears that both standards can accommodate this identified, including: type of interaction. • Giving clients the ability to access and search for plan infor- Surveyors and clients alike will benefit from a clear and consist- mation both graphically and textually to enable easier and ent understanding of the accuracy when requesting and receiving faster plan preparation; mapping results. With a consistent approach come cost and time • Implementing a new online plan submission and auto-verifi- savings, and ultimately improved mapping that is universally cation packet checking tool to expedite filing and approval, and reduce packet rejections; recognized and understood. CSA S250 promotes better communication between all stakeholders and will help streamline • Checking plans through an online tool to ensure plans are more rigorously verified prior to submission; the growing challenges resulting from mapping an increasingly • Giving customers access to an online tool to track and man- changing infrastructure. age plans on-demand, while providing easy access to sup- Addendum: Since this article was originally published, CSA’s porting documents and memos linked to the plan; Technical Committee in response to public feedback has add- • Advancing the accuracy of the cadastral map and improving ed a new accuracy level to allow measurement of buried plant the timeliness of mapping through the use of geographically by geophysical methods, e.g. conventional locates. This is in referenced digital CAD files that are submitted with a plan; response to concerns that limiting the application of S250 to • Applying an examination fee and preventing queue-jumping exposed infrastructure only would not serve prospective us- when plans get re-submitted. ers’ needs in many situations. The new level, known as Sup- These and other initiatives identified in the Discussion Paper plementary Level 5, will require a total combined accuracy of should result in reduced time and effort for plan submissions, ±1000mm taking into consideration two factors, the first being improved communication and more collaboration on industry the accuracy of the measurement itself and the second the accu- best practices between ISC, SLSA and surveyors. racy of the geophysical method. This new Supplementary Level Successful change management is dependent on understanding 5 will apply only to the horizontal coordinates and there will be the impact that change has on stakeholders. It is in this context no depth coordinate required. @ that ISC is disclosing the proposed changes and is seeking input regarding the proposals in advance of making any decisions so Jeremy Cook, P.Eng. is the General Manager of Terra Discovery Ltd. and the that the corporation may learn more about how these changes official representative of Professional Engineers of Ontario on the CSA S250 may impact your internal business processes. Technical Committee. Donna Cragg is the Business Manager of Terra Dis The full Discussion Paper and instructions for providing input covery Ltd. which is a firm that specializes in SUE and comprehensive under are available at www.slsa.sk.ca. Please provide your feedback ground utility investigations. Jeremy and Donna can be contacted by email at @ [email protected] and [email protected] respectively. Visit by Friday, May 6, 2011. the company website at: www.terradiscovery.ca.

SLSA Corner Post Spring 2011 31 Book Review

Polar Imperative: A History of Arctic Sovereignty in North America By Shelagh D. Grant

n Polar Imperative: A History of Arctic Sovereignty in ties while protecting the fragile Arctic environment from irrepara- INorth America, Shelagh D. Grant provides a wake-up ble damage. With a refreshingly multinational perspective, Grant call for Canadian citizens and politicians. Based on ground clearly places the onus for action on the leadership of those Arc- breaking archival research and her reputation as a leading tic countries with the most to lose – Canada, Russia, Greenland, historian in the field, Grant provides a definitive overview of Denmark, the United States, and Norway – and that reminds us the attempts by many countries to claim sovereign rights that there is little time to waste. over the polar regions of North America. Information from the publisher.

Polar Imperative challenges readers to consider what is Published by Douglas & MacIntyre ISBN 978-1-55365-418-6 needed to adapt existing sovereign rights to current reali-

Corner Post 32 SLSA Spring 2011 Real Property Report and Title Insurance By Vince Ziegler, ALS

Reprinted from “ALS News” – December 2010 – Vol. 39-4

s the result of a recent file, that I will outline later, it has During the next few months, our client had conversations with Acome to my attention that perhaps the Alberta Land Sur- the neighbour pertaining to the propane tank. veyors have been adopting the wrong approach regarding title insurance. Alberta Land Surveyors have always viewed title A few months transpired and the neighbour contacted us regard- insurance to be in competition with real property reports. The ing the propane tank. As it turns out, the neighbour had pur- new approach I propose is one of collaboration. chased the property somewhat recently and had purchased the property with Viewing insurance title insurance in other aspects of and not a real our life, insurance is property report always there should at the time of it be required. We the land trans- carry medical insur- fer. The neigh- ance but still obtain bour placed a a medical examina- claim with the tion and the medical title insurance insurance is there company per- if it is needed. We taining to the carry dental cover- cost of relocat- ing the propane age or insurance but tank. The title still have our teeth insurance com- examined for cavi- pany responded ties and cleaning. We with the re- carry auto insurance quirement of a and if there is an ac- real property re- cident, we place a port that clearly claim for damages. Then why defines the location of the propane tank not treat title insurance in the relative to the property lines. We carried same manner? A landowner out a survey and provided a real property may obtain title insurance at report. In addition to the initial problem the point of land transfer, how- of the propane tank, the real property re- ever in addition, the new land- port revealed these additional problems: owner should be encouraged a deck that was encroaching on a public to obtain a real property report roadway, insufficient property line set- and compliance certificate as a backs for the house and garage, a signifi- means of examination of their cant power line crossing their property new property. If problems are identified, then an appropriate without any easement or right of entry. claim can be pursued. Hopefully, with title insurance, the cost of resolving these mat- These are the events that brought me to this realization. A land- ters will be borne by the insurance coverage. owner asked us to find and mark the corners of his property as These events have brought me to the realization that title insur- he wished to construct a fence. After finding and marking their ance and a real property report are not to be viewed as compet- corners, it was evident a propane tank was on the corner of their ing products but are totally two different entities; the same as property. The propane tank, in fact, belonged to the neighbour. medical insurance is not a medical examination. @

SLSA Corner Post Spring 2011 33 PRACTICAL LOCATION by Knud E. Hermansen and Robert A. Liimakka

Reprinted from “Gem State Surveyor” Vol. XXXIII, Issue 4 - Winter, 2011

ractical location is an equitable doctrine allowing parties- location falls within the realm of possibility for the location Pin-interest (e.g., adjoining neighbors) to fix the location of the deed boundary (though maybe not the location chosen of their common boundary in a location that may differ from by a competent surveyor). Without this last element, most the location where a surveyor would place the common courts would be reluctant to change the location of the record boundary. boundary fixed by a surveyor since there is no compelling reason to adopt a location other than the record location. Equity jurisdiction permits courts to recognize a boundary location where certain elements exist. Equity has long Consider the following example where practical location may recognized that a line of peaceful possession or occupation, be recognized: in certain circumstances, established without fraud or deceit should not be disturbed. John and Jim are adjoining lot owners. One summer day while both are doing yard work they begin discussing where The first element generally required for practical location is their common boundary is located. Neither is sure. After that the record boundary be vague or unknown. Some states drinking a couple of beers they decide that the best and least require that this boundary be vague after examination by a expensive way to determine their common boundary is to competent surveyor. The remaining states only require that the split the frontage (after all, they believe, they have the same boundary be vague or unknown to the parties-in-interest. The size lots). John goes to get his plastic tape and Jim goes to purpose for this element is to prevent parties from usurping get some old metal posts he has. Together they split the front the legal requirement that parties alter the location of their and back distance and place the metal posts in the ground to record boundaries by written instrument. By requiring the mark their corners. For the next ten years they each respect boundaries be vague or unknown, the legal fiction is created the metal posts they set. Jim builds a new garage based on the that the parties-in-interest have not altered the location of metal posts marking his boundary. John passes away and his their deed boundaries. Rather, the parties-in-interest have daughter obtains the property upon John’s death. She has the fixed a definite location for the boundaries described in their property surveyed and discovers the metal posts are three feet respective deeds. on her (deceased father’s) property. She demands Jim respect the surveyor’s monuments rather than the metal posts. Jim’s The second element is that the parties-in-interest, by their acts, garage would be in violation of the set back distance required fix the boundary by definite monumentation. While corner by municipal zoning if the surveyor’s opinion is determined to monuments are sufficient, also acceptable are fences, walls, be the correct location of the common boundary. building lines, etc. This element is to insure the boundary location does not continue to migrate and be a source of In the example, the surveyor hired by the daughter should locate dispute. It also provides actual notice of where the parties-in- the record boundaries based on a complete and comprehensive interest have fixed the location of the common boundary. The evaluation of the evidence within the framework of the rules of parties-in-interest can not claim to have been misled as to the construction. It is not the duty of the surveyor to determine if location they have fixed. a location by practical location has been fixed by the parties- in-interest. However, the surveyor would have been wise to The third element required for practical location is that the inform the daughter that the metal posts established by her parties-in-interests’ conduct and actions (or in some cases lack father and Jim may now be the ownership boundary based on thereof) show recognition that the boundary so located by the the doctrine of practical location or equity. Of course, it would parties-in-interest is recognized and accepted by the parties- be up to Jim to prove each of the elements of practical location in-interest as their boundary. in order to have the metal posts recognized as the location of the common corner. Finally, most courts have further required that there be either: 1) recognition for some length of time (usually the statute of The daughter’s surveyor may want to consider wording such limitations) or 2) some loss would be suffered by a reliant as the following in a letter or report to the daughter: party if the deed boundary were upheld or 3) the practical

Corner Post 34 SLSA Spring 2011 I have established the location of your common corner position of the post as the deed corner simply because the based on the best available evidence with due considera parties-in-interest have historically done so. tion to the rules of construction established by the court through precedence (stare decisis). My opinion conflicts In this situation the contents of the letter or report may state with metal posts that appear to have existed in its location the following: for some time and have been recognized as a monument I have determined your common corner is the location to the corner. I do not know the history of the metal posts fixed by an existing metal post. There are three factors that or how long the posts have existed. Under certain circum support this decision. First, the metal post has existed for stances a court would recognize these posts as the corners some time without apparent dispute or disagreement as to even though it is not cited as a monument to your deed or its location. Second, predecessors in title have appeared to is located where your deed description would place the recognize the post as marking the location of the common common corner. Much like a person that makes a mistake corner. Finally, there is reasonable compliance between the on their taxes ten years ago, the court is often reluctant position of the post and with the deed description given the to unsettle what has appeared to have been an innocent loose and imperfect description (e.g., “200 feet more or mistake in the past. Seeking the counsel of an attorney will less”). Under the circumstances, the courts often presume give you a better explanation of the law and your chances that the post location is a practical and reasonable location of success should a dispute ensue. monumenting the common corner location intended by the original grantor.

Practical location is similar to the equitable doctrine The doctrine of practical location can be of acquiescence. The major difference is that practical useful foundation for the surveyor’s opin- location requires the parties-in-interest all participate, while ion in the situation where the location acquiescence requires only one party act while the other made by the parties would reasonably co- parties-in-interest acquiesce to the acts of the one party. incide within the realm of possibilities for Some commentators equate practical location to a boundary the location of the record boundary. by unwritten agreement. The difference between practical location and agreement is subtle and not always clear (some courts do equate the two doctrines). For an agreement the The doctrine of practical location can be useful foundation for law requires an offer, acceptance, and consideration. In other the surveyor’s opinion in the situation where the location made words, an agreement requires a bargain fairly reached where by the parties would reasonably coincide within the realm of each party derives some real or imagined benefit from their possibilities for the location of the record boundary. bargain. These elements are not required for a boundary by practical location. As a consequence, an unwritten agreement Consider the previous example and assume that Jim’s deed is appropriate where the parties are placing the boundary in called for a frontage of “200 feet more or less” and John’s a location different from what they know or perceive to be a deed called for a frontage of “200 feet more or less” and the location fixed by their respective deeds. @ situation the surveyor discovered was the diagram above. Knud Hermansen is a professor in the Surveying Engineering Technology program at the University of Maine. He is also a consultant on boundary As the diagram shows, the metal post falls within the realm disputes, alternate dispute resolution, land development, real property law, of possibilities given the vague deed description (though not and access law. an equal allotment of the excess). While the post may not be Rob Liimakka is a professor in the Surveying Engineering Program at Michi- gan Technological University. He is a professional surveyor and holds a MS where a surveyor would place the common corner, the post in Spatial Information Science and Engineering from the University of Maine, does fall within the realm of possible locations fixed by the Orono and is currently working on a doctorate in civil engineering deed description. As such, the courts would tend to favor the

SLSA Corner Post Spring 2011 35 EDUCATING YOURSELF FOR HARD TIMES by Gary Briant, PLS, Cfeds

Reprinted from “Gem State Surveyor” Volume XXXII, Issue 3 - Fall, 2010 As seen in “Empire State Surveyor” Vol. 46, N0. 8 - 2010, November/December

re you keeping your head above water? With the eco- tive they were because I took charge and accomplished what Anomic times as they are it is a struggle for many of you they did not have the expertise to do. to do just that. Again, you must first sell yourself, being educated about what- Times like these cause us all to take a second look at how ever it is you do best just gives you the edge over the other we operate; staffing, equipment purchases, stocking up on guy. The second thing I have found in marketing is, knowing needed supplies etc. These and other items all affect how we what your schedule is, so that when you are chatting with that plan and budget for the future. potential client, you do not over-book yourself. I get lots of repeat business not because I am cheaper than the competi- There is another area that also affects the bottom line and is tion but because I was able to get to it quicker, completed the so easily put on hold when times are tough but is an area we work on schedule and budget. I have found that price is way cannot afford to neglect, “marketing”. For some of us that is down the list, you may have the cheapest price for a LOMA a dreaded word yet a very essential part of a good business in town, but if you cannot sell yourself and if you cannot com- plan, yet too often, it is the first thing to go. I’m not talking plete the work on time, they will go somewhere else. about sending flyers out to realtors or attorneys, though that may be a good idea, but that is advertising not marketing. I know I am probably wearing this out; however, it has been What I’m talking about doesn’t cost a thing except your time, my experiences that 90% of marketing is being educated and that is, getting smarter than our competition. How do we about the product or service you offer. I have clients come do this? After all we basically all provide the same services! back after shopping around; even though I was more costly, Well that is somewhat true most of us do plats, ROS’s, topo- and tell me it was because they felt I was better informed graphic mapping or construction staking etc. So what does it about the costs and process. They felt I understood what they take to be smarter than the next firm proposing on the same needed and felt I could get the job done. project? If you were going to do a subdivision wouldn’t you get out the I believe its education, yes education, not necessarily go- Zoning ordinance and the subdivision ordinance and study ing back to collage or taking an online course but being bet- them. Well take it a step further. Go visit with the planner and ter informed about the services we are providing. Let’s take maybe the county surveyor. Find out how they like to see FEMA Elevation Certificates, LOMA, LOMA-EZ and LOMA- things done. Maybe they have a check list or guide lines they R’s for example. Most of us are aware of the new flood rate have developed that you can have a copy of. Go visit with insurance maps that came out in May of this year. This has the Highway District or the Health Department. Ask them triggered a slew of phone calls from upset property owners how they like to see things done. Gather all the information that have property fronting on a body of water. Their lenders and knowledge you can. Then, when that client calls, you can are telling them they need flood insurance because the new guide him through the process with confidence because you maps show their structure is in the flood plain. That is where have the process so engrained in your mind you can do it in we come in, but what will separate me from my competition, your sleep. assuming we are both highly qualified surveyors? I believe it is, understanding the FEMA process better than any other A little side benefit of being well educated about a specific surveyor in town. Educating myself to the point I can skilfully area is that you accomplish the tasks quicker than someone and confidently articulate the process to an upset owner in a that is struggling with the process. And being able to stream way that he can understand it and feel you know your stuff. line a process gives you an edge that your competition might not have. Another thing I have noticed is that the agencies You must sell yourself; if I do not have a good grasp on the that I deal with appreciate working with someone that has subject matter I am talking about to a client, I cannot with their act together. confidence sell my services to them. So if you want to be suc- Finally, don’t be afraid to tell your client what they need, after cessful at marketing during tough times, or any time, educate @ yourself! Become an expert, that’s what the public expects; all, you’re the expert! when they have a need, they want someone who can take Gary Briant, PLS, Cfeds, is the president of the Idaho Land Surveyors them by the hand and confidently lead them through the proc- Association. He is also a practicing land surveyor in Post Falls, ID and ess. I have had clients tell me time after time how apprecia- can be reached at [email protected]

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