I have seen and read a number of articles lately that suggest that Land Surveying is a dying profession. I even read an article suggesting surveying is a trade and the education requirement is killing it. Although I must say the articles written about how the education requirement is making surveyors experts at being EXACTLY wrong are particularly entertaining. Therefore not wanting to miss the boat; I thought I would chime in.
Let us define which parts of surveying are technical and which parts are professional. Curtis Brown wrote that (I am paraphrasing) mapping and construction layout are functions of Civil Engineering because they are used primarily in the design/build process; therefore these are of a technical/trades nature. Mr. Brown went on to say that Boundary Surveying requires data gathering, data analysis, and a determination; therefore this is a professional activity. Backing up this conclusion is the fact that many States license or register Surveyors primarily for boundary surveying activity.
Now let's discuss the training of surveyor; education versus apprenticeship. I do not plan to waste a lot of time here but we can all agree education is a good thing. Education without application is meaningless. What is the benefit of a wealth of knowledge if there is beneficial application or practical use. Conversely with apprenticeship; what is the benefit of training if a situation develops that requires out of the box thinking that the training is ill prepared for? Many State jurisdictions that license surveyors have adopted an education requirement; I believe it is now around 45 of the 50 states or there about. Most substitute education for experience concerning the licensing requirement. I believe this is a mistake. I argue the education requirement should be on top of the experience requirement. Not a substitute for it. Education cannot replace experience and vice versa. We must have both.
After the "In-Training" status is achieved through testing I believe the LSIT should have his work reviewed by all of the PLS's that recommended them for licensure. Not just the employer. I would not allow experience beyond boundary experience. This will bother some; but it is boundary that the states license for. Finally I believe the professional examination should be a comprehensive review of the candidate(s) individually by a committee of professionals duly licensed, with unblemished records, and considerable experience. This examination should be an oral interview after a written examination is successfully completed. I once had a mentor in Colorado tell me "congratulations on passing the the PLS exam; all it means is you scored better than 70% on a test." It took me a while to figure out what he meant.
Our profession is not dying. We are a profession in transition. As our younger candidates become better educated and the technology available them becomes more highly evolved; we will continue to see less human interaction on the trade side of surveying (mapping and construction layout) through drones and machine controls. However we shall see an increase in the professional side of surveying as the land surveyors take their rightful position as caretakers of the cadastre. Our profession is evolving and as it does there will be some discomfort. However the sky is not falling. As far as the argument concerning the declining number of surveyors; well I see that as a free market issue. Fewer surveyors; higher demand; higher fees; more surveyors. There is and will always be equilibrium.
Tuesday, April 5, 2016
Friday, February 26, 2016
Open the Arizona State Board of Technical Registration
To THOSE Whom Wish to Deregulate the Surveying Profession;
The reasoning behind why we need to regulate the profession is clear to the professional. However I will attempt to make the reasoning clear:
1. Regulation provides a standard of minimum competency to be recognized as ready to practice.
2. Regulation enforces a standard of practice set forth by the profession.
3. SHOULD provide a standard of continued competency of the profession. Arizona is now embracing a model of making continuing education a part of the discipline process. Therefore we are almost there.
What is the impact of the Land Surveyor on Society? Well our profession does not have the bravado of the public safety professions. Nor does it have the notoriety of the medical profession. Or the stature of the sanctimonious design professionals. The land Surveying profession is a vanguard profession. The professional surveyor takes the one of largest expenditures in a person's life and shows them where it is; shows them the status of boundary; lets you where the land is; and how much of it there is. Not very sexy at all. However most of any individual's personal wealth depends on it.
Nothing is built unless the land it is built on is guaranteed and secured. Nothing is financed by banks or other lenders unless the land guaranteeing the loan is secured. Land ownership and land tenure is the basic principle that sets the United States of America apart from most other nations. Yet it is the Land Surveyor who makes up the thread of the fabric of our land tenure system. Without the land surveyor to definitively provided the who, what, where, why, when, and how, of a real estate transaction how does the average land owner discern for themselves the intricacies of land ownership. Land stewardship is more complex than "caveat em tor". When it comes to land transactions we make the cloudy, clear. We bring light to dark spaces. We answer questions that people didnt even know they had.
Therefore the next time you want ask why should Land Surveyors be regulated? Think about what I have said and how it applies before you refinance your house or you buy you next investment property.
The reasoning behind why we need to regulate the profession is clear to the professional. However I will attempt to make the reasoning clear:
1. Regulation provides a standard of minimum competency to be recognized as ready to practice.
2. Regulation enforces a standard of practice set forth by the profession.
3. SHOULD provide a standard of continued competency of the profession. Arizona is now embracing a model of making continuing education a part of the discipline process. Therefore we are almost there.
What is the impact of the Land Surveyor on Society? Well our profession does not have the bravado of the public safety professions. Nor does it have the notoriety of the medical profession. Or the stature of the sanctimonious design professionals. The land Surveying profession is a vanguard profession. The professional surveyor takes the one of largest expenditures in a person's life and shows them where it is; shows them the status of boundary; lets you where the land is; and how much of it there is. Not very sexy at all. However most of any individual's personal wealth depends on it.
Nothing is built unless the land it is built on is guaranteed and secured. Nothing is financed by banks or other lenders unless the land guaranteeing the loan is secured. Land ownership and land tenure is the basic principle that sets the United States of America apart from most other nations. Yet it is the Land Surveyor who makes up the thread of the fabric of our land tenure system. Without the land surveyor to definitively provided the who, what, where, why, when, and how, of a real estate transaction how does the average land owner discern for themselves the intricacies of land ownership. Land stewardship is more complex than "caveat em tor". When it comes to land transactions we make the cloudy, clear. We bring light to dark spaces. We answer questions that people didnt even know they had.
Therefore the next time you want ask why should Land Surveyors be regulated? Think about what I have said and how it applies before you refinance your house or you buy you next investment property.
Friday, February 19, 2016
Friday, February 5, 2016
Looking Forward to Spring
OK IT IS OFFICIAL. I am tired of being cold. I imagine the guys in the desert feel the same way in September before it cools off in the fall. just an observation.
Tuesday, December 15, 2015
The importance of the Land Surveyor to get involved in the Community
The role of the Land Surveyor in our communities is a key
and vital role. I have learned over the
years that the role of a land surveyor in a community can be a key component
for advising local officials in making key planning and regulation
decisions. Often times we as surveyors
tend to focus on our own niches and not look to our overall impact. Our community leadership often times make
decisions based on information but not the whole picture. The Land Surveyor can shed light on these
impacts and decision processes. We deal
in a realm of bridging the gap between land tenure and land regulations. Yet we may be good at satisfying the needs of
our clients we also tend to drop the ball in getting involved in the regulation
process. Often towns and counties enact
policies that on their face seem to answer an immediate need to regulate but
they do little in the way of looking at the big picture consequences. This is where the land surveyor can bring
information to the table and influence these processes. However as a profession we fail to get
involved and find ourselves reacting to new rules and ordinances that only
serve to make our client’s land tenure more difficult. Personally I serve and have served on
planning and zoning commissions and city governance. In these positions I have had the opportunity
to advise these governing bodies with advice and information that was
beneficial to the average land owner.
Also it is a great way to become familiar with the process and how to
best work within it. If our profession
would focus more on advising our clients on how to best utilize their land to
their benefit and not just measure what we are told to we would all be better
off.
Surveying is Local
The practice of surveying is a local practice. It takes years of working in a particular
area to become familiar with the local nuance of working there. This is easy in a small local environment and
can become difficult in the broader sense.
I have long held the belief that those who practice everywhere learn little
or nothing about this principal. These
firms often times do not know the local pitfalls and ultimately enter into
surveying contracts blind. Sometimes
there is a payoff and most times there is not.
A local land surveyor intimate with an area is more valuable to those
whom live in that area than those whom aren’t.
Especially when it comes to dealing with local officials. Regional issues and concerns play a large
part in understanding local rules and regulations.
The Good of the Profession
I have been reading up on some of the writings of Curt
Brown. It is not hard to notice that
this man was ahead of his time. Many of
the issues he wrote about in the 60’s are the same issues we face today. The future of the profession. Education of the profession. Promoting the profession. Yet our profession whose practice is steeped
in tradition is slow to embrace some of these principals. As the technology of measurement is advancing
our view of our profession moves at a much slower pace. I attribute this as an attitude of hanging on
to historical practices and habits.
However the professionals whom grasp technology and apply these habits
tend to be more successful. However old
traditions die hard. As we are seeing
today the paradigm of the survey crew and para-professional technicians is also
changing. Technology has destroyed the
hierarchy of the survey crew and apprenticeship. Where in the past a technician would learn
and work their way up the structure to become a party chief and possible a
registrant. Now we have one-man GPS
crews whose support and training come from instructions in the office. In today’s environment the apprenticeship
doctrine that many of us learned under is now failing. Many of these technicians are not being
properly trained to evaluate evidence or what and how to measure. They collect data and turn in a coordinate
file. This is not apprenticeship. This is not training. This is technical training that serves an
immediate need but does little to instill meaning full education. The idea of allowing education in boundary
surveying to start after the license is issued is a serious misstep and is
currently hurting our profession. What
every surveyor needs to understand is that not all surveying is a professional
practice. Most aspects of surveying are
merely technical practices of engineering.
Boundary surveying is the only true professional practice because it is
the only practice where the science of measurement may be in direct conflict
with the principals and doctrines of possessory rights and interests. This is where the professional decision is
made. We as a profession must embrace
the idea that not all surveying is professional. Therefore not all aspects of surveying can be
regulated by the State in a broad brush set of rules and regulations. In fact I would argue that regional bias also
makes boundary surveying hard to regulate in a broad brush approach also.
Technical Standards versus Standard of Care
Arizona is indicative of many states that pursue the
regulation of surveying through technical standards. Technical standards serve a purpose but they
do not answer the hard questions faced by those who make boundary
determinations. Those who believe the
contrary are more focused on the technical aspects while deficient in the
professional aspect of the decision making process based on evidence
evaluation. The principal of Standard of
Care addresses the regional bias and influences the decision making process by
comparing what the professional decision making process of those practicing in
a given area would do. Again surveying
is local; and the standard of care principal is why. The playing field cannot be leveled by an
encompassing technical standard because local or regional bias maybe in direct
conflict with these. The professional
should and must have the latitude to make decisions without being hamstrung by
a conflicting technical standard. Where
the technical standard must be deviated from; the professional surveyor must be
able to offer an intelligent and fact based reasoning for this deviation. Violating possessory rights or interests for
the sake of following a technical standard cannot be tolerated.
APLS should set the Standard of Care
If APLS would assume the role of defining the standard of
care then the state would not need technical standards. However we tend to want to hide from each
other instead of talking to each other.
We as an association and a profession must embrace the idea we are
colleagues and not competitors.
Colleagues can compete for contracts and engagements without creating an
adversarial posture. Surveyor on
surveyor crime is a shameful practice.
We should educate each other through communication not use the BTR to
rid ourselves of competition. The
competition will always be there. We
must embrace the idea of open and honest collaboration and not set traps for
those whom try to follow in our footsteps.
Nothing we do is a trade secret nor is it proprietary. We deal in realm of trying to serve the
public’s interests not our own. This is
where APLS needs to reach out to nonmembers and nonparticipating members. We can become better by learning from each
other. We can succeed together or wither
and die individually. I choose unity.
Thursday, December 3, 2015
Did that Just Happen....
The Story....
Back in 2012 a surveyor was approached by a land owner whom possessed 8 lots (4 on each side of a street) in an undeveloped subdivision that had been approved and adopted by a local municipality. The streets were dedicated to the town but not built. The land owner had the idea of asking the town to revert the lots to acreage and abandon that portion of roadway that separated his lots.
The subdivision was monumented and platted in 1987, and amended in 1989. Non of the infrastructure was built or placed. the ADRE stepped in and halted the marketing/selling of lots for multiple reasons. Therefore by the time 2012 cam around the subdivision existed in fact but was no longer feasible.
In 2007 a group of investors bought the subdivision and in that sale non of the previous conveyances were excepted or recognized. A lawsuit ensued. The land owner asking for the reversion had his claim of title supported and proved up by the County Superior Court. So his ownership was not in question. However the investors are currently in court trying to get their possessory rights proved up.
In 2012 the landowner petitioned the town and had a plat prepared reverting the lots to acreage and vacating/abandoning the street adjacent to his lots. By resolution the town agreed and signed the plat and it was good. That portion of the subdivision was reverted and the street dedication was recended.
In 2015 the investors decided that the town had violated its subdivision rules and filed a lawsuit against the town because of the reversion claiming to be damaged because the subdivision plat had been changed. After consulting with attorneys the town made the decision to recend its resolution and undo the street abandonment and lot reversion; without the consent of landowner. So by resolution they did. So the town thinks that it will go through the process of posting the property and follow their rules and in 30 days redo what they have undone.
The Questions...
1. Does the resolution undoing the street abandonment constitute an unauthorized "taking" by the Town?
2. Does a violation of town code justify the violation of a citizens constitutional protection from illegal search and seizure?
3. Does this action by the city council put them in violation of their oath of office for not defending the Constitution of the United States?
Thoughts?
Back in 2012 a surveyor was approached by a land owner whom possessed 8 lots (4 on each side of a street) in an undeveloped subdivision that had been approved and adopted by a local municipality. The streets were dedicated to the town but not built. The land owner had the idea of asking the town to revert the lots to acreage and abandon that portion of roadway that separated his lots.
The subdivision was monumented and platted in 1987, and amended in 1989. Non of the infrastructure was built or placed. the ADRE stepped in and halted the marketing/selling of lots for multiple reasons. Therefore by the time 2012 cam around the subdivision existed in fact but was no longer feasible.
In 2007 a group of investors bought the subdivision and in that sale non of the previous conveyances were excepted or recognized. A lawsuit ensued. The land owner asking for the reversion had his claim of title supported and proved up by the County Superior Court. So his ownership was not in question. However the investors are currently in court trying to get their possessory rights proved up.
In 2012 the landowner petitioned the town and had a plat prepared reverting the lots to acreage and vacating/abandoning the street adjacent to his lots. By resolution the town agreed and signed the plat and it was good. That portion of the subdivision was reverted and the street dedication was recended.
In 2015 the investors decided that the town had violated its subdivision rules and filed a lawsuit against the town because of the reversion claiming to be damaged because the subdivision plat had been changed. After consulting with attorneys the town made the decision to recend its resolution and undo the street abandonment and lot reversion; without the consent of landowner. So by resolution they did. So the town thinks that it will go through the process of posting the property and follow their rules and in 30 days redo what they have undone.
The Questions...
1. Does the resolution undoing the street abandonment constitute an unauthorized "taking" by the Town?
2. Does a violation of town code justify the violation of a citizens constitutional protection from illegal search and seizure?
3. Does this action by the city council put them in violation of their oath of office for not defending the Constitution of the United States?
Thoughts?
Monday, November 16, 2015
The Changing Face of Land Surveying
Has anyone else noticed that the dynamic of the typical survey operation has changed? I have operated as a one-man shop for the last 10 years and have found the hard work liberating. Primarily because it has given me the latitude to stay flexible in a hostile economy. The other reason is I do not have to rely on a technician to collect data for me. Don't get me wrong; I working in an engineering firm with lots of crews and I was their manager. However to be honest I really had no idea what they were doing or how well they weren't doing it. I did catch one party chief: while working in Kansas; sitting in the truck playing on his playstation and small TV while his crew was in the snow staking power poles. On another occasion I was asked to fire a young man who apparently could not keep his urine clean. My point is this type of stuff was daily. I was spending hours managing people and clients and very little time supervising the data. It was impossible.
What I see now is more RLS partychiefs and one-man crews. Plus more and more one-man operations. Even the engineering firms have realized that it is more cost effective to sub-contract their surveying tasks rather than maintain survey operations in house. I think this is a positive move. It will be uncomfortable but it is in the right direction. With the RLS being more hands on; there is better decision making in the field. An added bonus of course is the experience.
I am hoping this progression will calm the competitive nature and begin to embrace a cooperative nature. We should act as colleagues not enemies. Its hard but it is possible.
What I see now is more RLS partychiefs and one-man crews. Plus more and more one-man operations. Even the engineering firms have realized that it is more cost effective to sub-contract their surveying tasks rather than maintain survey operations in house. I think this is a positive move. It will be uncomfortable but it is in the right direction. With the RLS being more hands on; there is better decision making in the field. An added bonus of course is the experience.
I am hoping this progression will calm the competitive nature and begin to embrace a cooperative nature. We should act as colleagues not enemies. Its hard but it is possible.
Wednesday, October 21, 2015
It has Been Awhile...
If anyone out there has actually bothered to follow my posting you'd notice right off I got a little inconsistent. Well lets just say that 2015 has not been a banner year for me. It started really badly. Then in May I was medevac'd to Flagstaff for an emergency surgery that basically gutted me like a fish. Spent all of July recovering and finally got to get to work in August full speed. Without going into a lot of detail; take care of your gastro-intestinal health. Long story short; I lost June and July. August picked up and September October have been the best in years. Enough catch up here is the meat of the post.
2 weeks ago an attorney here in the White Mountains called me. He was in a bind. A colleague had been hired to do an ALTA survey in a nearby town. the week of delivery he backed out. Attorney calls and says can you do it? What will charge and how much to expedite? Game on... So I do my homework and go to the field.
In this particular community there is a guy whom is not licensed but finds RLS's to seal his work. We all know him and we know the RLS numbers he uses. Well, adjacent to the property I am surveying I find yellow plastic caps with the RLS typical of the rubber stamp activity. No Record of Survey on file at the court house and no rhyme or reason to there placement. So I track down the name behind the number and contact him. When I call him he is surprised that I had found his caps. He had no record of any of the technician's work in the area. Caught way off guard he asks me to see my data and he'd get back to me. 24 hours later he does and admits he's got a real problem. Now at this point I am thinking I can serve him up to the BTR. However I decide to help him. So I meet with the landowners and explain why the monuments are no good. The RLS agrees and askes me to pull them. I let him know that the only way to make it right is to redo the survey he didn't do and correct the monuments and file a Record of Survey. He asks me if I would do the field work for him and I agreed. So I move his monuments with the consent of the land owners. He prepares a plat and records it and I finish my ALTA with no encumbrances. So here is the takeaway from all this:
1. If you are rubber stamping for a guy in a different part of the state; you have know way of knowing how many quicky surveys he's doing for cash with your caps.
2. the monuments are there and whether or not the RLS knew about them doesn't matter because he is still responsible for them.
3. Never should a registrant give his caps to somebody to use; especially when the guy the RLS is stamping for can't be trusted.
4. Collaboration between professionals can reach a consensus that benefits the landowners and fixes the erroneous survey.
This could have been really bad. So a word to the wise. Rubbers tamping for someone acting as a para-professional is a big mistake and should never happen. The offending technician will walk. However one of the parties involved was a relative and was not happy to hear that family had done him that way. Its a small world. Especially here in the Hinterlands.
2 weeks ago an attorney here in the White Mountains called me. He was in a bind. A colleague had been hired to do an ALTA survey in a nearby town. the week of delivery he backed out. Attorney calls and says can you do it? What will charge and how much to expedite? Game on... So I do my homework and go to the field.
In this particular community there is a guy whom is not licensed but finds RLS's to seal his work. We all know him and we know the RLS numbers he uses. Well, adjacent to the property I am surveying I find yellow plastic caps with the RLS typical of the rubber stamp activity. No Record of Survey on file at the court house and no rhyme or reason to there placement. So I track down the name behind the number and contact him. When I call him he is surprised that I had found his caps. He had no record of any of the technician's work in the area. Caught way off guard he asks me to see my data and he'd get back to me. 24 hours later he does and admits he's got a real problem. Now at this point I am thinking I can serve him up to the BTR. However I decide to help him. So I meet with the landowners and explain why the monuments are no good. The RLS agrees and askes me to pull them. I let him know that the only way to make it right is to redo the survey he didn't do and correct the monuments and file a Record of Survey. He asks me if I would do the field work for him and I agreed. So I move his monuments with the consent of the land owners. He prepares a plat and records it and I finish my ALTA with no encumbrances. So here is the takeaway from all this:
1. If you are rubber stamping for a guy in a different part of the state; you have know way of knowing how many quicky surveys he's doing for cash with your caps.
2. the monuments are there and whether or not the RLS knew about them doesn't matter because he is still responsible for them.
3. Never should a registrant give his caps to somebody to use; especially when the guy the RLS is stamping for can't be trusted.
4. Collaboration between professionals can reach a consensus that benefits the landowners and fixes the erroneous survey.
This could have been really bad. So a word to the wise. Rubbers tamping for someone acting as a para-professional is a big mistake and should never happen. The offending technician will walk. However one of the parties involved was a relative and was not happy to hear that family had done him that way. Its a small world. Especially here in the Hinterlands.
Tuesday, August 4, 2015
More on Standard of Care versus Minimum Standards
Life is funny. I had no sooner certified the vote the APLS membership took on our recommended changes to the existing Minimum Standards; when I got home my inbox was full of correspondence from NM surveyors talking about their minimum standards.
Personally however you may feel about ours take a look at the level of detail that are in NM's. They go to great strides to define everything under the sun specifically. So recently I have been involved in discussions relating to Standard of Care.
Arizona sort of addresses Standard of Care this way:
R4-30-301 A.A.C. 6. A registrant shall apply the technical knowledge and skill that would be applied by other qualified registrants who practice the same profession in the same area and at the same time.
However the statement "in the same area" seems to undo the intent of this paragraph. Reason being that if a group of surveyors all trained the same way all be it incorrectly could in fact set the bar for the entire profession in that area no matter how horrific. However that is a double edged sword. Because if one of these guys come to an area where the Standard of Care set by the Locals is a lot higher then they can be subject BTR action.
The BTR is not real quick to use this tool and that is a real shame. because it is a heavey hammer to swing.
Personally however you may feel about ours take a look at the level of detail that are in NM's. They go to great strides to define everything under the sun specifically. So recently I have been involved in discussions relating to Standard of Care.
Arizona sort of addresses Standard of Care this way:
R4-30-301 A.A.C. 6. A registrant shall apply the technical knowledge and skill that would be applied by other qualified registrants who practice the same profession in the same area and at the same time.
However the statement "in the same area" seems to undo the intent of this paragraph. Reason being that if a group of surveyors all trained the same way all be it incorrectly could in fact set the bar for the entire profession in that area no matter how horrific. However that is a double edged sword. Because if one of these guys come to an area where the Standard of Care set by the Locals is a lot higher then they can be subject BTR action.
The BTR is not real quick to use this tool and that is a real shame. because it is a heavey hammer to swing.
Wednesday, July 15, 2015
Using Geographic Measurement Management
Last night I had the opportunity to sit down with the Saguaro Chapter of APLS. I was asked to give a practical presentation on the use of Geographic Measurement Management (GMM) this is a free software available at
http://web.nmsu.edu/~kwurm/software/wg/wginstall.zip
http://web.nmsu.edu/~kwurm/software/wg/WGVDD.pdf
http://web.nmsu.edu/~kwurm/software/wg/WGTechRef.pdf
http://web.nmsu.edu/~kwurm/software/wg/WGUserGuide.pdf
If other chapters or groups are interested in having me do a tutorial let me know. I honestly beleive this software is the best for calculating and refining search areas for PLSS monumentation.
So here are the links for the downloads. I have the data files for Arizona and New Mexico but collectively these files are almost 5 GIG. I need to figure out where I can host the data files. I am thinking the APLS website. Don't know yet. Stay tuned.
http://web.nmsu.edu/~kwurm/software/wg/wginstall.zip
http://web.nmsu.edu/~kwurm/software/wg/WGVDD.pdf
http://web.nmsu.edu/~kwurm/software/wg/WGTechRef.pdf
http://web.nmsu.edu/~kwurm/software/wg/WGUserGuide.pdf
If other chapters or groups are interested in having me do a tutorial let me know. I honestly beleive this software is the best for calculating and refining search areas for PLSS monumentation.
So here are the links for the downloads. I have the data files for Arizona and New Mexico but collectively these files are almost 5 GIG. I need to figure out where I can host the data files. I am thinking the APLS website. Don't know yet. Stay tuned.
Monday, April 20, 2015
More than measurements
Today was supposed to be a quiet day. I had a couple of little jobs that needed me to come by and visit. The first one was rather simple. Found the corners verified them with the other control and flagged them up for a fence.
Then a client sends me this.....
So then pull this ROS....
And Compare it to this Deed.....
Conclusion. The County has no idea what they are talking about. Does this happen anywhere else?
Then a client sends me this.....
So then pull this ROS....
Wednesday, April 1, 2015
Utilities With out Easements in a Recorded Subdivision...
Here in the hinterlands we don't get much subdivision work. However when we do it is like christmas. I am in the process of taking large green belt tracts in a subdivision and amending the exiting lots to encompass the area. It has been eye opening to see the number of reviews and meeting requested by the municipality about this. You would think with all the scrutiny that is being laid upon this type of activity little things like making sure the original developer proved easements for sanitary and storm sewer systems that seem to randomly go from here to there with total disregard for the lot layout. Or vice versa.
So here is the situation:
1. drainage study shows an active drainage system running through lots to an impound area.
2. utility plan shows sanitary sewer lines cutting through lots to shorten pipe lengths
3. drainage study and utility plan approved by town.
4. final plat is signed and dedications of utilities and roads are accepted by town.
5. NO ASBUILTS EXIST of utility or sewer systems
6. I am currently asbuilting what I can find.
7. developer #2 buys subdivision and is re-modelling it and amending it again.
At some point I know these systems have to be accounted for. However what I don't know is if My client developer #2 has recourse via a title claim. Since the dedications makes the systems a matter of record. However the dedication also states "as shown hereon". Stay tuned..........
So here is the situation:
1. drainage study shows an active drainage system running through lots to an impound area.
2. utility plan shows sanitary sewer lines cutting through lots to shorten pipe lengths
3. drainage study and utility plan approved by town.
4. final plat is signed and dedications of utilities and roads are accepted by town.
5. NO ASBUILTS EXIST of utility or sewer systems
6. I am currently asbuilting what I can find.
7. developer #2 buys subdivision and is re-modelling it and amending it again.
At some point I know these systems have to be accounted for. However what I don't know is if My client developer #2 has recourse via a title claim. Since the dedications makes the systems a matter of record. However the dedication also states "as shown hereon". Stay tuned..........
Monday, March 2, 2015
It has been awhile
Here are some updates:
On the APLS front - The revisions to the minimum standards were adopted by APLS by a vote of the membership. The Tally was 86 in favor and 50 against. With almost 520 members this is one of the best turn outs for a vote. With the Governor's moratorium on rule making in place APLS will have to just sit on them until the BTR can act on them. The BOD is discussing ways to encourage membership. One that I like was bringing back the 1 year of free membership to new licensees. I am not sure why it was halted but I guess economics had something to do with it. However we will see what the BOD wants to do.
As 2015 takes off lets take a moment to look back at 2013-2014. I was asked what have we done? Well so fare since 2010 (in the last 5 years) APLS has adopted a policy of Continuing Education that is suitable to bring to the BTR. It has been rejected by the BTR; but that doesn't mean it can't be re-introduced. We have adopted a revision to the ABSMS that we can/will introduce to the BTR as soon as the opportunity arises. This represents quite a log jam at the BTR so we shall see how this all plays out.
The next step is the entry standards. The BTR is looking at an omnibus bill to bring the surveying experience/education requirements in line with the engineers. APLS has been asked to look at and make recommendations. So that is what we are doing. Our relationship wit the BTR is an open one and that is good thing. I just hope it can continue.
All that being said we can all relax and enjoy the busy field season we hope to have.
On the APLS front - The revisions to the minimum standards were adopted by APLS by a vote of the membership. The Tally was 86 in favor and 50 against. With almost 520 members this is one of the best turn outs for a vote. With the Governor's moratorium on rule making in place APLS will have to just sit on them until the BTR can act on them. The BOD is discussing ways to encourage membership. One that I like was bringing back the 1 year of free membership to new licensees. I am not sure why it was halted but I guess economics had something to do with it. However we will see what the BOD wants to do.
As 2015 takes off lets take a moment to look back at 2013-2014. I was asked what have we done? Well so fare since 2010 (in the last 5 years) APLS has adopted a policy of Continuing Education that is suitable to bring to the BTR. It has been rejected by the BTR; but that doesn't mean it can't be re-introduced. We have adopted a revision to the ABSMS that we can/will introduce to the BTR as soon as the opportunity arises. This represents quite a log jam at the BTR so we shall see how this all plays out.
The next step is the entry standards. The BTR is looking at an omnibus bill to bring the surveying experience/education requirements in line with the engineers. APLS has been asked to look at and make recommendations. So that is what we are doing. Our relationship wit the BTR is an open one and that is good thing. I just hope it can continue.
All that being said we can all relax and enjoy the busy field season we hope to have.
Wednesday, October 29, 2014
As a boy my father said that nothing ever changes but the
date and the weather. Well that may not
be technically accurate based on the some of the new toys that have graced the
surveying profession in the last 20 years.
However our fight for education and stricter entry standards, and
minimum standards has been going since our inception. Is this a bad thing? NO.
Along the way past presidents and past chairman have all made
significant strides towards the changes that we seek. Some have stayed involved in the shadows;
some have offered quiet support; and others have simply chose to ob-stain. Many believe that we will never achieve our
goals because we cannot come together on anything. What are our goals really? Can they be achieved? NO!
Our goals are moving targets. Our goals must change and evolve as our
profession does. We will always struggle
with minimum standards because as the profession progresses so must our
standard of practice. Continuing
Education has been on the goal list since we formed. It will remain there until we get the Arizona
State Board of Technical Registration to be sympathetic to our cause. Either that or we seek to become separate from
the BTR. I for one am not overly
impressed with the performance of the BTR and its treatment of the surveying
community. A BTR made up of Engineers,
Architects, a geologist, and a surveyor; are hardly panel that should be
setting the course of our future. The
truth is when it comes to surveying decisions; they all follow the advice of
the lead of the survey member. That puts
too much power at his disposal and there is no balance there. I will say that in recent history we have
opened doors and made connections.
However the bureaucratic wheels turn frustratingly slow.
I have been reading through past issues of the Arizona Surveyor. There is a good history lesson there. I have read many articles from the past
leadership of this organization and it has reminded me that although the great
number of surveyors will benefit from our labors. The work has been and will be done by a
motivated few. That is part that never
changes. I invite anyone interested that
has not been involved to jump in. You
don’t have to be elected. You can take
up a cause form a group and get it done.
We have need for volunteers for the newsletter; website; awards and
recognition; conference; seminars; legislation and anything else we can think
of. A lot of this can be done at the
Chapter level. Would there be a chapter
interested in publishing the newsletter?
Would there be a chapter interested in taking some of the other
tasks? Let’s find out?
We have received word that Phoenix College is dropping the
surveying program from its catalog. This
is shame. Phoenix College would have a
problem with enrollment if the BTR would recognize that at least some level of
formal surveying education is necessary for today’s practicing surveyor. Is 30 hrs of surveying credit to much to
ask? Or an Associates certificate? Apparently it is. The profession of Surveying in Arizona cannot
survive in the 21 century if it continues to live in the shadow of the
past. Just because we have always done
that way is not a reason to continue doing it that way. Our goal should be to make the profession
better; not just keep it running.
In closing don’t forget we have elections coming up at the
November 15th Board of Directors meeting.
Hope to see you there.
Friday, August 15, 2014
What should be on a Record of Survey
Recently I was involved in a discussion over whether or not easements should be shown on a record of survey. I was trained in the following way; if during the course of your research you uncover easements that pertain to the property you are surveying then show them. I have got into the habit of trying to show whatever servitudes I can, to the property I am surveying, because I try to provide a service to my clients that goes beyond measuring stuff. I try to educate my clients about land stewardship and what it means.
I understand there are business decisions that have to be made and liability issues that have to be addressed; but we are a service provider. What service are we providing if we can't or won't discuss the intricate details of our clients property graphically and educate them. I doubt very seriously that people hire me because they want to be amazed by my mathematical skills.
They hire me because they want to learn about their property and they want explanations. I have spent years cultivating relationships with title officers all over the state. Not escrow officers but Title officers; they people who put Schedule B part 2 together. (If I lost you; stop reading and go back to youtube) These relationships have been built by passing information back and forth and helping each other out.
We are a part of the land stewardship cycle. We need to embrace the idea that our role is to be a helluva lot more that guys who measure stuff. So why not show easements on a Record of Survey? And why is put a note like "survey performed without benefit of a title report" isn't that like saying "I need somebody else to do the research"? Some counties have a recorder's index that is easy to use. Some don't. So the research may or may not be easy to do. So why not get what you can and say "This record of survey and the information shown or referenced hereon is based upon research performed by me and available as of the date of this survey; there is no warranty of a complete examination of title expressed or implied." Isn't what your really saying when you say you did the survey without a title report. And besides when was the last time you saw a complete title report.
anyway my humble opinion
I understand there are business decisions that have to be made and liability issues that have to be addressed; but we are a service provider. What service are we providing if we can't or won't discuss the intricate details of our clients property graphically and educate them. I doubt very seriously that people hire me because they want to be amazed by my mathematical skills.
They hire me because they want to learn about their property and they want explanations. I have spent years cultivating relationships with title officers all over the state. Not escrow officers but Title officers; they people who put Schedule B part 2 together. (If I lost you; stop reading and go back to youtube) These relationships have been built by passing information back and forth and helping each other out.
We are a part of the land stewardship cycle. We need to embrace the idea that our role is to be a helluva lot more that guys who measure stuff. So why not show easements on a Record of Survey? And why is put a note like "survey performed without benefit of a title report" isn't that like saying "I need somebody else to do the research"? Some counties have a recorder's index that is easy to use. Some don't. So the research may or may not be easy to do. So why not get what you can and say "This record of survey and the information shown or referenced hereon is based upon research performed by me and available as of the date of this survey; there is no warranty of a complete examination of title expressed or implied." Isn't what your really saying when you say you did the survey without a title report. And besides when was the last time you saw a complete title report.
anyway my humble opinion
Sunday, June 15, 2014
To My Father....
Anyone who truly practices the profession of Land Surveying will records hundreds of surveys in courthouses all over the state. Especially in your home county. The progression of ones career can be followed when comparing the earliest of surveys to the latest. As land surveyors we have the privilidge of leaving our footsteps in the public record for future generations of land surveyors to follow. However that doesn't always tell the whole story does it.
My career started when my father James E. Muth RLS #13014; needed some cheap labor. He has and does continue to mentor me everyday. I have often felt that every young land surveyor should have the benefit of this type of mentorship. It is hard to work for family and at time can strain the conventional relationship. As a kid I had to learn to grow up fast and take the hazing that every survey crew had. It was dificult but I learned early that it wasn't personal. Dad was hard on me because he expected more from me. He had the highest hopes and expectations for me and showed his disappointment through verbal incentives. Anyone whom ever spent time with working with him knows exactly what I am talking about. He motivated me to go to college and expand my knowledge because he knew I would have to learn more than he was able to teach. He pushed me to always keep moving forward and never linger on looking back.
My father did not know what to expect when I struck out for fame and fortune on my own but he knew that he had equipped me with the tools I needed. When I joined a fraternity at NMSU he was not happy. He had visions of me becoming a cast member of "Animal House". However when he learned that FarmHouse had an academic requirement and expected a high moral character he eventually warmed up to it. FarmHouse has an Object. A codex that we recited before every meeting. The Object states "The object of our fraternity is to promote good fellowship, to encourage studiousness, and to inspire its members in seeking the best in their chosen lines of study as well as in life. Progress shall mark our every step; the spirit of congeniality shall reign at all times; and every member shall be honest with himself as with his brothers. Men elected to our membership are considered to be of good moral character, to be high in scholarship, to have the capacity for meeting and making friends, and to give promise of service to their fellowmen and to the world. To be and become such may at times require a sacrifice of time, pleasures and comforts."
I have applied this "object" to my career and my life because it fits. It speaks to the reality that as land surveyors we have a duty to our fellow men to do the best we can in every situation regardless of financial constraints and "grey areas". My father did not know it but he was the first FarmHouse man I had ever met. I have no idea what the future will have in store me or my career from today forward. However I know that without the mentor ship of my father I would have never been able to walk the path I have walked thus far.
My career started when my father James E. Muth RLS #13014; needed some cheap labor. He has and does continue to mentor me everyday. I have often felt that every young land surveyor should have the benefit of this type of mentorship. It is hard to work for family and at time can strain the conventional relationship. As a kid I had to learn to grow up fast and take the hazing that every survey crew had. It was dificult but I learned early that it wasn't personal. Dad was hard on me because he expected more from me. He had the highest hopes and expectations for me and showed his disappointment through verbal incentives. Anyone whom ever spent time with working with him knows exactly what I am talking about. He motivated me to go to college and expand my knowledge because he knew I would have to learn more than he was able to teach. He pushed me to always keep moving forward and never linger on looking back.
My father did not know what to expect when I struck out for fame and fortune on my own but he knew that he had equipped me with the tools I needed. When I joined a fraternity at NMSU he was not happy. He had visions of me becoming a cast member of "Animal House". However when he learned that FarmHouse had an academic requirement and expected a high moral character he eventually warmed up to it. FarmHouse has an Object. A codex that we recited before every meeting. The Object states "The object of our fraternity is to promote good fellowship, to encourage studiousness, and to inspire its members in seeking the best in their chosen lines of study as well as in life. Progress shall mark our every step; the spirit of congeniality shall reign at all times; and every member shall be honest with himself as with his brothers. Men elected to our membership are considered to be of good moral character, to be high in scholarship, to have the capacity for meeting and making friends, and to give promise of service to their fellowmen and to the world. To be and become such may at times require a sacrifice of time, pleasures and comforts."
I have applied this "object" to my career and my life because it fits. It speaks to the reality that as land surveyors we have a duty to our fellow men to do the best we can in every situation regardless of financial constraints and "grey areas". My father did not know it but he was the first FarmHouse man I had ever met. I have no idea what the future will have in store me or my career from today forward. However I know that without the mentor ship of my father I would have never been able to walk the path I have walked thus far.
Thursday, May 22, 2014
Getting Involved
I was told early on in my career that the Land Surveyor was generally speaking held in high regard within the community. This was probably true in a time when most of the country was illiterate. I have noticed that the average land surveyor want to live in amenity. They don't want to be noticed unless somebody is giving them money. Unfortunately this is a terrible business model.
I was in a fraternity while at NMSU. The fraternity was not you typical "Animal House" environment. We had to maintain a minimum GPA, and had to participate in philanthropy. This experience was excellent although at the time I didn't know why.
When I moved back to Springerville, I began working to build a business. In this area word of mouth is THE primary source of advertisement. I also began to see a need for involvement. Primarily my involvement was in interests that my daughters were/are tied to. Little League Sports; dance; cheer; School etc. As I began to get involved I realized that people were starting to notice I had moved home and the phone started to ring. Then the Community leadership started seeking me out for advise on land issues. Long story short; being involved in your community is the best way to advertise and get recognized as a professional and businessman. Sitting in the office and wondering why the phone isn't ringing is not going to do it. Placing adds in the newspaper or phone book with everyone else won't separate you from the pack. Community involvement does. Getting out there and using the deductive reasoning skilled gained from our experiences and applying them in the community outside of surveying gets you noticed. Being a grouchy hermit does not.
My 2 cents anyway.
I was in a fraternity while at NMSU. The fraternity was not you typical "Animal House" environment. We had to maintain a minimum GPA, and had to participate in philanthropy. This experience was excellent although at the time I didn't know why.
When I moved back to Springerville, I began working to build a business. In this area word of mouth is THE primary source of advertisement. I also began to see a need for involvement. Primarily my involvement was in interests that my daughters were/are tied to. Little League Sports; dance; cheer; School etc. As I began to get involved I realized that people were starting to notice I had moved home and the phone started to ring. Then the Community leadership started seeking me out for advise on land issues. Long story short; being involved in your community is the best way to advertise and get recognized as a professional and businessman. Sitting in the office and wondering why the phone isn't ringing is not going to do it. Placing adds in the newspaper or phone book with everyone else won't separate you from the pack. Community involvement does. Getting out there and using the deductive reasoning skilled gained from our experiences and applying them in the community outside of surveying gets you noticed. Being a grouchy hermit does not.
My 2 cents anyway.
Thursday, May 8, 2014
The Land Surveyor
As a matter of practice I have prepared legal descriptions for clients so they could use that legal to execute a deed of some sort. Normally they would go to the title company and they would prepare a courtesy deed for a fee. They would not guarantee title unless a policy was sold. Then up here at least they stopped doing courtesy deeds.
So the natural progression was for our clients to begin to ask me. At first I thought it was way out of my expertise to do so. However I am beginning to see that I might be mistaken. Before anyone freaks out try to follow me.
This is how I operate; During the course of a survey; I do as much deed and survey research I can find. I do the field work. I draft the plat. I record the plat. If my client asks for a deed to be prepared why can't/shouldn't I do it? I have done the research, I have prepared the documents the deed relies on, what's the issue? Liability? Where is it?
The fact of the matter is that in the past it WAS the land surveyor that prepared deeds for people. Land Surveyors are the only people uniquely qualified to do so. If our profession is to gain prominence we have to get beyond measurements. The key to our profession is the land. Planning, Tenure, Stewardship, and Ownership. Land Surveyors have all of the tools to be a one stop shop to address all of the a fore mentioned. Yet most amongst us are scared to take this on.
I live in a small town of around 4000 covering 12 square miles. Most everyone in town will call my father or myself with questions about land. Where is the flood plain? How many acres? Can you pull the tax records? Can I get a copy of my deed? can I get a survey? Can you go over my title policy with me? My point is they all come to us. Most of the time this type of stuff is at no charge. But we do a lot of trading up here so a favor can go a long way. The big picture here is that when it comes to land issues in our area they all look to their local land surveyor. this is where our profession prospers. Only those who fixate on measurements and gizmos get wrapped up in the way technology is dissolving our chores.
So in closing I don't and will not advocate practicing law. However preparing deeds is a task uniquely tied to land surveying and as a matter of practice most attorney's lack the expertise to understand deed preparation. Therefore I don't think it is beyond our purview to do so.
So the natural progression was for our clients to begin to ask me. At first I thought it was way out of my expertise to do so. However I am beginning to see that I might be mistaken. Before anyone freaks out try to follow me.
This is how I operate; During the course of a survey; I do as much deed and survey research I can find. I do the field work. I draft the plat. I record the plat. If my client asks for a deed to be prepared why can't/shouldn't I do it? I have done the research, I have prepared the documents the deed relies on, what's the issue? Liability? Where is it?
The fact of the matter is that in the past it WAS the land surveyor that prepared deeds for people. Land Surveyors are the only people uniquely qualified to do so. If our profession is to gain prominence we have to get beyond measurements. The key to our profession is the land. Planning, Tenure, Stewardship, and Ownership. Land Surveyors have all of the tools to be a one stop shop to address all of the a fore mentioned. Yet most amongst us are scared to take this on.
I live in a small town of around 4000 covering 12 square miles. Most everyone in town will call my father or myself with questions about land. Where is the flood plain? How many acres? Can you pull the tax records? Can I get a copy of my deed? can I get a survey? Can you go over my title policy with me? My point is they all come to us. Most of the time this type of stuff is at no charge. But we do a lot of trading up here so a favor can go a long way. The big picture here is that when it comes to land issues in our area they all look to their local land surveyor. this is where our profession prospers. Only those who fixate on measurements and gizmos get wrapped up in the way technology is dissolving our chores.
So in closing I don't and will not advocate practicing law. However preparing deeds is a task uniquely tied to land surveying and as a matter of practice most attorney's lack the expertise to understand deed preparation. Therefore I don't think it is beyond our purview to do so.
Thursday, March 20, 2014
The Concept of Minimum Control
Think back to high school geometry. Two pints define a line, three points or elements define an arc. This is basically the concept of Minim Control. I have discussed in previous posts about my frustration with my bretheren surveyor whom believe that every survey starts at the section corner. My hat is off to Brian Dalager and his efforts to bring the surveying profession GDACS. However I am sure that Mr. Dalager is sharing a similar feeling as Alfred Noble. How could something so powerful be so destructive? Well like any tool; if used improperly it can be dangerous.
The concept of minimum control is simple. If you are attempting to replace a lost property corner you calculate your way in from THE CLOSEST acceptable evidence that controls the calculated position. Think about lot surveys. If your missing a lot corner you don't replace it be surveying your way in from the sections corner that controls the subdivision (or at least you didn't until GDACS made it possible). It was normal procedure to up and down the street adjacent to the lot and look for monumentation. Or in many cases the best available evidence of the lot corner's location.
The dirty little secret is you can't locate and monument a boundary without seeing it. GIS based calculations are great tools for establishing search areas. THEY ARE NOT boundary determinations. Calculating search areas be using GIS and GDACS is a great place to start. However I am seeing more and more the these are being used as the solution. Evidence on the ground will rule the day. Calculations to the Nth decimal place will only prove you are EXACTLY wrong.
The concept of minimum control is simple. If you are attempting to replace a lost property corner you calculate your way in from THE CLOSEST acceptable evidence that controls the calculated position. Think about lot surveys. If your missing a lot corner you don't replace it be surveying your way in from the sections corner that controls the subdivision (or at least you didn't until GDACS made it possible). It was normal procedure to up and down the street adjacent to the lot and look for monumentation. Or in many cases the best available evidence of the lot corner's location.
The dirty little secret is you can't locate and monument a boundary without seeing it. GIS based calculations are great tools for establishing search areas. THEY ARE NOT boundary determinations. Calculating search areas be using GIS and GDACS is a great place to start. However I am seeing more and more the these are being used as the solution. Evidence on the ground will rule the day. Calculations to the Nth decimal place will only prove you are EXACTLY wrong.
Monday, March 17, 2014
Well I guess....
its time for me to consider whether or not there is any point to striving to make the land surveying profession any better. Apparently I was under the mistaken belief that the purpose of a professional organization was to promote the betterment and development of the profession. I guess what we are really supposed to do; is have meetings and discuss stuff so we can feel better about ourselves without actually doing anything. Silly me.....
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