Standard

DDS 215 Legal Principles of Surveying

Course Description

Investigates written and physical evidence to locate property boundaries in accordance with Georgia plat law and technical standards. Topics include: evidence and preservation of evidence, transfer of ownership, adverse rights and eminent domain, location of written title boundaries, Georgia plat law and technical standards, and written legal descriptions.

Competency Areas		Hours
Evidence and Preservation of Evidence		Class	5
Transfer of Ownership		D. Lab	0
Adverse Rights and Eminent Domain		P. Lab/O.B.I.	0
Location of Written Title Boundaries		Credit	5
Georgia Plat Law and Technical Standards
Written Legal Descriptions
Prerequisite:	DDS 203
Corequisite:

Course Guide

Competency	After completing this section, the student will:	Hours
		Class	D.Lab	P.Lab/ O.B.I.
EVIDENCE AND PRESERVATION OF EVIDENCE		10	0	0
Definitions	Define by example, the four kinds of evidence: oral, written, real, and judicial notice.
	Distinguish between evidence and proof.
	Classify examples of evidence as either: indispensable, conclusive, prima facie, primary, secondary, direct, indirect or circumstantial, partial, or extrinsic.
	List types of evidence gathered by surveyors.
Effect of evidence	List the five general rules that constitute the law of evidence.
	State the principle of "burden of proof."
	State the principle of "preponderance of evidence.”.
	Define presumption and inference.
Best available evidence	Define senior rights.
	Discuss the role of field notes as written evidence.
	Discuss how the "intent" of the parties affects the interpretation of evidence.
	Discuss the role that "monuments" play as evidence.
	Give examples of physical characteristics important to monuments.
	Discuss how measurements affect the validity of monuments.
Preservation of evidence	Describe the original plan for the perpetuation of evidence in the United States and why that plan has not succeeded.
	List the obligations of a surveyor with respect to evidence.
	Discuss how photographs and state plane coordinate systems should assist with evidence perpetuation.
TRANSFER OF OWNERSHIP		10	0	0
Unwritten transfers	Distinguish between peaceful and hostile unwritten transfers of land.
	List the five means by which a person can gain or lose rights to land without writings.
	Define estoppel, unwritten agreement, unwritten dedication, and prescription.
Written transfers	Describe the following terms associated with the written transfer of land: warranty deed, patent, quit claim deed, trustee's deed.
	Discuss the role of title insurance in the land transfer process.
ADVERSE RIGHTS AND EMINENT DOMAIN		5	0	0
Introduction	Describe the process by which land is acquired by adverse rights.
	List ten common elements under which land may be eventually obtained though adverse rights.
Possession	Define actual possession, open and notorious possession, continuous possession, hostile possession, and exclusive possession.
	Describe the phrase "color of title."
	Discuss the surveyor's duty with respect to adverse possession.
Eminent domain	Define eminent domain, condemnation, due process, just compensation, and damages.
	Discuss who may acquire land through eminent domain.
	List purposes for which land may be taken by eminent domain.
LOCATION OF WRITTEN TITLE BOUNDARIES		10	0	0
Contact with clients	Discuss how the client-surveyor match typically occurs.
	Describe a typical contract between surveyor and client.
Research of records and documents	List the five research responsibilities of a surveyor when making a survey from a written conveyance.
	Describe the difference between an accurate survey and a correct survey.
	Define easement.
Field work	Describe the typical field party for a location survey.
	List examples of evidence typically found in location surveys.
	Describe the contents of location field notes.
Compilation of evidence	Describe how computations and platting are used to make decisions about monument locations.
Presentation of results	Describe the process by which the final results of a location survey are presented to the client.
	Describe the liability of the property surveyor.
GEORGIA PLAT LAW AND TECHNICAL STANDARDS		5	0	0
Georgia Plat Law	Describe the intent and letter of the Georgia Plat Law.
	List four objectives of platting laws.
	List the contents required on a Georgia plat.
Technical standards	Describe the technical standards that should be observed for linear and angular measurements in conducting a location survey.
WRITTEN LEGAL DESCRIPTIONS		10	0	0
The written description	List the specific parts of a written description.
	Describe land using subdivision terminology.
	Describe land using metes and bounds terminology.
The graphic description	List the specific contents of a graphical description of a tract of land.
	Given a written description of a tract of land, draw a scale plat of that tract.

Suggested Resources

Books

American Congress on Surveying and Mapping. (Year). Measuring practice on the building site. Falls Church, VA: Author.

Barnes, W. M. (1988). Basic surveying. Stoneham, MA: Butterworth-Heinemann.

Brinker, R. C., & Wolf, P. (1984). Elementary surveying. New York: Harper & Row.

Kavanagh, B. F. (1988). Surveying: With construction applications. Englewood Cliffs, NJ: Prentice Hall.

Stull, P. (1987). Construction surveying & layout. Carlsbad, CA: Craftsman.

Whyte, W. S., & Paul, R. E. (1985). Basic metric surveying. Stoneham, MA: Butterworth-Heinemann.

Wilson, A. L. (1982). Elementary forest surveying & mapping, two. Corvallis, OR: Oregon State University.

Wilson, R. L. (1985). Elementary forest surveying & mapping, no. one. Corvallis, OR: Oregon State University.