Surveying the Courtroom : A Land Expert’s Guide to Evidence and Civil Procedure

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Author : John Briscoe
Genre : Technology & Engineering

Summary : An outstanding reference that demystifies the legal process forexpert witnesses in land and natural resource disputes A vast and complex body of laws surrounds the ownership anddisposition of land resources today--so it is no wonder that landexperts who assist in land and natural resource disputes often findthemselves grappling with the challenging intricacies of the modernlegal process. This book offers a vital road map through thelabyrinth of civil laws and procedures that professionals whoassist in such cases must navigate. In Surveying the Courtroom, Second Edition, John Briscoeexplains--in plain English--all pertinent rules of evidence andprocedure. From the filing of a complaint to its resolution, heguides you through each phase of a land or natural resourcelawsuit, clearly describing the land expert's role at each stepalong the way. He supplies numerous fascinating and instructivecase studies and vignettes to illustrate his points and to betterprepare you for crucial developments that may arise during thecourse of a trial. He also provides copious references toapplicable codes, statutes, and court decisions, making it easierfor you to find the resources needed to verify or refute points, orto arrive at a more profound understanding of a particularsubject. Surveying the Courtroom, Second Edition is an indispensable workingresource for land surveyors, title abstractors, propertyappraisers, geologists, hydrologists, geographers, oceanographers,civil and environmental engineers, and all other professionals whoare called upon to help courts reach decisions in land and naturalresource disputes.

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Author : John Briscoe
Genre : Technology & Engineering

Summary : An outstanding reference that demystifies the legal process for expert witnesses in land and natural resource disputes A vast and complex body of laws surrounds the ownership and disposition of land resources today-so it is no wonder that land experts who assist in land and natural resource disputes often find themselves grappling with the challenging intricacies of the modern legal process. This book offers a vital road map through the labyrinth of civil laws and procedures that professionals who assist in such cases must navigate. In Surveying the Courtroom, Second Edition, John Briscoe explains-in plain English-all pertinent rules of evidence and procedure. From the filing of a complaint to its resolution, he guides you through each phase of a land or natural resource lawsuit, clearly describing the land expert's role at each step along the way. He supplies numerous fascinating and instructive case studies and vignettes to illustrate his points and to better prepare you for crucial developments that may arise during the course of a trial. He also provides copious references to applicable codes, statutes, and court decisions, making it easier for you to find the resources needed to verify or refute points, or to arrive at a more profound understanding of a particular subject. Surveying the Courtroom, Second Edition is an indispensable working resource for land surveyors, title abstractors, property appraisers, geologists, hydrologists, geographers, oceanographers, civil and environmental engineers, and all other professionals who are called upon to help courts reach decisions in land and natural resource disputes.

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Author : Walter G. Robillard
Genre : Technology & Engineering

Summary : Professional surveyors and many civil engineers must understand the laws of boundaries and the evidence necessary for efficient and accurate boundary determination. This new edition of the preeminent text/reference on the subject is brought completely up to date, with new material on the use of technology in surveying and its legal ramifications, the use of forensic investigative techniques in the discovery of obscured evidence, new case law examples throughout, and new exhibits help illustrate the concepts presented.

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Author : Stephen V. Estopinal
Genre : Technology & Engineering

Summary : The only modern guide to interpreting and writing real property descriptions for surveyors Technical land information is no longer the exclusive domain of professional surveyors. The Internet now houses a multitude of resources that nontechnical professionals—such as attorneys and realtors—access and implement on a daily basis. However, these professionals are trained in aspects of law and commerce that do not provide the proper education and experience to interpret and evaluate their land boundary information discoveries correctly. As a result, their analysis is often erroneous and the data misapplied—ultimately leading to confusion and costly litigation. Professional Surveyors and Real Property Descriptions attempts to bridge the ever-widening gap between the users of land boundary information and the land surveyors who produce it. An expert team of authors integrates the historic and legal background of real property interests with fundamental concepts of the surveying profession in a manner accessible for average readers. These provide the basics for both properly comprehending older descriptions and competently constructing complete and modern real property descriptions that foster better communication. Highlights in this book include: An in-depth exploration of historic descriptions and how to read them Coverage of the widely accepted ALTA/ACSM Land Boundary Survey standards and associated property descriptions A diverse collection of examples and practice scenarios An overview of the latest issues related to the use of GPS and GIS Written in easy-to-understand language, this practical resource assists nontechnical professionals in understanding exactly what a surveyor does and does not do, and serves as a valuable tool for obtaining the most satisfactory, accurate, and complete real property descriptions.

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Author : Walter G. Robillard
Genre : Technology & Engineering

Summary : The up-to-date, new edition of the classic reference For over two decades, Evidence and Procedures for Boundary Location has been the cornerstone volume for surveying practitioners. In its Fourth Edition, this book upholds its superior presentation of boundary laws and evidence, and now introduces significantly revised content covering current laws, legal procedures and practices, courtroom responsibilities, use of GPS and GIS data, and waterway boundaries. This current edition prepares surveyors for the new legal, technical, and administrative aspects of surveying. The first section of this book covers resurveys or retracements of former surveys based on land records. It deals with the methods used for locating corners, lines, and parcels of these surveys, while detailing all types of evidence, including maps and documents; measurements; monuments and trees; and digital data. The increasing importance of an area's history to surveyors is also a featured topic. The later chapters examine the creation of new parcels of land from a legal standpoint. This edition also includes an in-depth examination of: * Professional liability * How to report evidence and use it in court * Court conduct, both as a defendant and as an expert witness * The origins of boundary evidence Whether used in conjunction with Brown's Boundary Control and Legal Principles, Fourth Edition, or on its own, Evidence and Procedures for Boundary Location, Fourth Edition, continues to stand as the fundamental reference for licensed practicing surveyors, lawyers, property owners, civil engineers, and students in surveying courses in two- and four-year programs. Its practical applications have also made it a widely used study guide for land surveyor examinations.

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Author : Michael J. Pallamary
Genre : Literary Collections

Summary : Curtis M. Brown has long been recognized as the worlds foremost authorities on land surveying. His works and textbooks are found in virtually every Land Surveyors library across the country. His legal principles have been adopted by a large number of courts across the United States and his books are standard reference works for practicing Land Surveyors. The Curt Brown Chronicles presents a collection of papers, lectures, and articles prepared by Mr. Brown in the course of developing the principles and authorities for his textbooks and classes. While serving as a member of the American Congress on Surveying and Mapping (ACSM), Mr. Brown was a regular contributor to The Surveyor and Law and the Comment and Discussion columns as well as other important articles. In this capacity, Mr. Brown would respond to inquiries from Land Surveyors across the United States on a variety of subjects related to land surveying and the application of relevant law. His opinions continue to have considerable influence on the professional land surveying community and the legal community. Many of the papers contained in The Curt Brown Chronicles have not been released since their original publication in the 1950s and 1960s. Nevertheless, the subjects are still germane and in many ways, Curts focus on many subjects was prescient. Mr. Browns articles on Land Surveyors Liability to Unwritten Rights, Land Surveyors Ethics, and The Professional Status of Land Surveyors, are still considered relevant and are held in as high a regard as is Justice Thomas Cooleys (Chief Justice, Supreme Court of Michigan, 1864-1885) famous article, The Judicial Functions of Surveyors. The Curt Brown Chronicles has been compiled with the consent and permission of ACSM and the Brown family

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Author : Donald A. Wilson
Genre : Technology & Engineering

Summary : EVIDENCE AND PROCEDURES FOR BOUNDARY LOCATION THE UPDATED CLASSIC GUIDE TO LAND BOUNDARY LAW AND EVIDENCE DISCOVERY The revised Seventh Edition of Evidence and Procedures for Boundary Location serves as the seminal guide to the principles and concepts of land boundary law and evidence for accurately determining boundaries. Written by a team of noted authorities on the subject, the book presents the proven methods for the rediscovery of real property boundaries. Grounded in historical documentation, field investigation, and recreation of the original surveying methodology, the book contains the appropriate and legally defensible tools needed for the re-establishment of land boundaries. Thoroughly revised and updated, the classic text contains fresh examples of case law, the most recent developments in forensic investigation in the discovery of obscured evidence, as well as a new chapter on emerging technology used in boundary surveying. Designed for use by both working surveyors and aspiring professionals studying for the Fundamentals of Land Surveying licensure exam, this important book: Has been the leading guide to land boundary law and evidence for nearly 60 years Contains new case law examples and exhibits Offers expanded coverage on the use of forensic investigative techniques Presents a new chapter on the most recent surveying technology Written for practicing surveyors and students, the updated Seventh Edition of Evidence and Procedures for Boundary Location continues to offer an authoritative guide to the principles, laws, and latest developments in the field.

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Author : Martin Farr
Genre : Law

Summary : This book is an invaluable guide for those providing expert evidence on valuations of commercial properties – including civil actions, rent review arbitrations, lands tribunal cases and rating appeals. The object of the book is to provide the commercial property valuer with a detailed introduction to providing expert evidence in a litigation context, the rules, requirements and the pitfalls for the unwary. Particular trouble has been taken to emphasise the need for quality evidence based on relevant experience which is objective, unbiased, independent, and of sufficient quality to resist challenges before the courts, tribunals and arbitrators. This handbook will help the practitioner start off on the right course and provide forewarning of the issues which he or she is likely to face, leading to greater professional awareness and to higher standards of valuation expert evidence in all commercial property fields.

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Author : Walter G. Robillard
Genre : Technology & Engineering

Summary : The new edition of Brown's Boundary Control and Legal Principles has been updated to reflect ongoing changes in surveying technology and surveying law, notably by adding water boundary expert George Cole as a contributor to revamp information on Riparian and Littorial Boundaries. Additionally, a new appendix has been introduced containing a comprehensive list of surveying books that have been referenced in court cases and legal decisions as persuasive authority over the years. It is indispensable reading for students and practicioners studying for the Fundamentals of Land Surveying licensure exam.

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Author : Walter G. Robillard
Genre : Technology & Engineering

Summary : The up-to-date, new edition of the classic reference For over two decades, Evidence and Procedures for Boundary Locationhas been the cornerstone volume for surveying practitioners. In itsFourth Edition, this book upholds its superior presentation ofboundary laws and evidence, and now introduces significantlyrevised content covering current laws, legal procedures andpractices, courtroom responsibilities, use of GPS and GIS data, andwaterway boundaries. This current edition prepares surveyors forthe new legal, technical, and administrative aspects ofsurveying. The first section of this book covers resurveys or retracements offormer surveys based on land records. It deals with the methodsused for locating corners, lines, and parcels of these surveys,while detailing all types of evidence, including maps anddocuments; measurements; monuments and trees; and digital data. Theincreasing importance of an area's history to surveyors is also afeatured topic. The later chapters examine the creation of newparcels of land from a legal standpoint. This edition also includesan in-depth examination of: * Professional liability * How to report evidence and use it in court * Court conduct, both as a defendant and as an expert witness * The origins of boundary evidence Whether used in conjunction with Brown's Boundary Control and LegalPrinciples, Fourth Edition, or on its own, Evidence and Proceduresfor Boundary Location, Fourth Edition, continues to stand as thefundamental reference for licensed practicing surveyors, lawyers,property owners, civil engineers, and students in surveying coursesin two- and four-year programs. Its practical applications havealso made it a widely used study guide for land surveyorexaminations.