Wisdom Wednesdays for the land surveying profession is a bi-weekly roundtable discussion to go over a chapter at a time from our “Surveying Bibles.” The goal is for everyone to read a chapter of a book and then have a roundtable discussion about that chapter. The current book being discussed is The Pincushion Effect by Jeffrey Lucas.
About the book
American land surveying has a dilemma; it’s called the “pincushion corner.” This is a name used to describe the phenomena of multiple boundary monuments being set by land surveyors when only one boundary corner exists under the law. The pincushion has not gone unnoticed by the legal profession and the general public. It is now common knowledge that no two surveyors can agree on the location of any given property corner. The pincushion is physical proof of that notion. Not only is the pincushion becoming a public relations disaster for the profession, it is causing those who might otherwise consider commissioning a survey to decide otherwise. And herein lies the dilemma; no one wants to hire the surveyor because of the way surveying is practiced, the pincushion being emblematic of that practice. This book explores the effect of the pincushion, how the phenomena started, why it exists, and remedies to end the practices that allow the pincushion corner to not only exist, but to flourish.
| Meeting summary for Wisdom Wednesdays for the Land Surveying Profession – “Book Club” (10/23/2024) | |
| Quick recap | |
| The meeting focused on understanding deeds, their interpretation, and the challenges surveyors face in this process. The team discussed the importance of clear communication, structured project management, and balancing digital and traditional methods in their work. They also emphasized the significance of written contracts, thorough evidence evaluation, and the need for surveyors to go beyond document boundaries to ensure accuracy in their work. | |
| Next steps | |
| • Trent Williams to share examples of ambiguous deeds and descriptions in future discussions. | |
| • Jeff to provide more insights on dealing with title companies and legal descriptions in upcoming sessions. | |
| • All participants to review the chapter on deed interpretation and rules of construction before next meeting. | |
| • Trent Keenan to prepare discussion points on the use of “more or less” in modern surveying practices. | |
| • Matthew to share specific examples of encounters with “deed stakers” for group analysis in future meetings. | |
| Summary | |
| Understanding Deeds and Their Importance | |
| Trent Williams led a discussion on Chapter 3 of a book about deeds, descriptions, and intent. He emphasized the importance of understanding the elements of a deed, including its writing, offer and acceptance, and the need for proper execution. He also highlighted the seven categories of a deed, including the introductory statement, recitals, naming of parties, granting or conveying language, consideration, description of property, and the Hubendum clause. Trent encouraged healthy debate and participation, but also cautioned against getting off-topic. Jeffery, who wrote the chapter, agreed with Trent’s points and added that understanding deeds is crucial for surveyors, especially in retracing deeds. He also shared his experience as a columnist for Pob Magazine, where he noticed a lack of understanding about deeds among surveyors. | |
| Improving Project Structure and Communication | |
| The team discussed the need for a more comprehensive and detailed approach to their project, with a focus on the importance of understanding the customer’s needs and pain points. They agreed on the necessity of a more structured and organized process, with clear roles and responsibilities assigned to each team member. The team also emphasized the importance of effective communication and collaboration to ensure the project’s success. They ended the conversation with a commitment to work on these aspects and reconvene to review progress. | |
| Moderation and Attention in Meetings | |
| Trent Keenan and Trent Williams discussed the need for moderation in their meetings to control tangents and ensure a focused conversation. They also discussed the challenges of maintaining attention spans in a digital age, with Trent Keenan noting that their attention spans have decreased significantly. The team also discussed their upcoming meeting, with 86 people registered and 26 attendees so far. Jeffery shared his plans to attend a conference in Connecticut, and Martina expressed her preference for digital over paper, while also acknowledging the value of tactile learning. The team agreed on the importance of finding a balance between digital and traditional methods. | |
| Understanding Construction Rules in Documents | |
| Jeffrey discussed the importance of understanding the rules of construction in interpreting written documents, such as deeds, contracts, and legislation. He emphasized that these rules have been laid down by the courts over centuries and apply to all types of written documents. He also highlighted that surveyors often only interpret the geometry, bearings, and distances in a deed, which may not lead to the actual established boundary. Trent then shared a deed with the group, explaining its different parts, including the granting clause and the consideration. He noted that while many similarities exist between deeds and contracts, the requirement of consideration varies by state. | |
| Legal Documents and Attorney Roles | |
| Jeffrey and Trent Williams discussed the preparation of legal documents, specifically deeds, and the role of attorneys in this process. They highlighted the importance of consideration in deeds and the difference between surveying and the law. Trent Williams also shared his experience with a particular deed, emphasizing the need for clarity in legal descriptions. The conversation ended with a discussion on the use of degree symbols in legal documents, with Trent Keenan agreeing on their potential to cause confusion. | |
| Quick Claim Deeds and Surveying | |
| Trent Williams discussed the complexities of interpreting deeds, particularly quick claim deeds, which he clarified as not conveying any property but merely releasing any interest in it. He highlighted the importance of understanding the rights conveyed in a deed, which can be ambiguous. Jeffery added that quick claim deeds do not warrant any property being conveyed, only releasing any interest. Trent also mentioned the focus of the text on retracement surveying rather than original surveying for creating new parcels of land. The team agreed on the usefulness of Gordon Waddles’ book, “Writing Legal Descriptions,” for passing the surveyor’s exam. | |
| Understanding Deeds and Property Intent | |
| Trent Williams and Jeffery discussed the importance of understanding the intent behind a deed of conveyance, particularly when the description is ambiguous. They emphasized that a deed is not considered void for uncertainty if it is possible to ascertain the intended property through extrinsic evidence. Jeffery highlighted the role of surveyors in identifying the subject matter of the grant, and the importance of their expertise in interpreting deeds and putting them on the ground. They also discussed the challenges faced by title attorneys when dealing with discrepancies between legal descriptions and actual property locations. Trent Williams shared his experience of finding a property despite its old and incomplete description, using evidence such as fence corners and occupation patterns. | |
| Standards of Evidence and Property Descriptions | |
| The team discussed the standards of evidence in civil and criminal cases, with Jeffery explaining that the civil standard is a preponderance of evidence, meaning the greater weight of the evidence leads to the proof of the matter. He also clarified that the criminal standard is beyond all reasonable doubt, and the next heightened level of evidence is clear and convincing. The team also discussed a situation where a title company insisted on rewriting a property description, which Jeremiah had to accommodate. Despite the challenges, the team agreed on the importance of maintaining the original intent of the historic deeds. | |
| Title Company Challenges and Standards | |
| Jeffrey and Trent discussed the challenges of working with title companies and the importance of adhering to Alta standards. They highlighted the issue of title companies rejecting legal descriptions that are not in the format they prefer, which can delay transactions. They also discussed the importance of understanding the intent behind measurements in deeds, emphasizing the need for caution when dealing with ambiguous language. The team agreed on the importance of contracts in defining the scope of work and the need for further investigation when discrepancies are found. They also touched on the issue of surveyors working with oral contracts, which can lead to misunderstandings and errors. | |
| Written Contracts and Extrinsic Evidence | |
| Jeffrey and Trent discussed the importance of written contracts with contingency clauses and termination clauses. They emphasized the need for a thorough evaluation of evidence and the necessity to go beyond the ‘four corners’ of a document, such as a deed, to ensure accuracy and completeness. They also highlighted the potential for misinterpretation and the importance of considering extrinsic evidence. Trent shared his experience of a survey where he had to go beyond the document to confirm the location of a road, and emphasized the need for a prudent surveyor to verify information. | |
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