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The Art of Land SurveyingOverheard: A 6 year old explaining the significance of a survey stake to a 4 year old,

“That’s to Show Which is Whose”

Milton Denny, PLS

Copyright September 2011No part of this book may be reproduced, in whole or in part, without written permission from Denny Enterprise, LLC, except in the case of brief quotations in critical articles and reviews. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is published with the understanding

that the publisher is not engaged in rendering legal, accounting, or other professional service.

Contents

Page Chapter

2 Contents

4 Dedication

5 About the Author

6 Prologue

8 Introduction

9 Chapter I ‐The Metes and Bounds Survey

38 Chapter II –The U.S. System of Rectangular Surveys

50 Chapter III – Serving the Client Professionally

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Contents

Page Chapter

71 Chapter IV – GLO Townships and Sections

79 Chapter V – Magnetic Surveys

84 Chapter VI – What Does Evidence Look Like?

102 Chapter VII – What Other Things May I Find

108 Chapter VIII – Where Do I Find Other Evidence

115 Chapter IX – What Do Other Surveyors Say

117 Reference Material

Dedication

• The information presented in this book is dedicated to the following five surveyors that loved our profession enough to leave us their advice and wisdom in the following books that will help make us better surveyors.

• The Surveyors Guide B.F. Dorr 1886

• Boundaries and Landmarks A.C. Mulford 1912

• Government Surveying Shobal V. Clevenger 1883

• United States Land Surveys John B. Cleary 1936

• Methods of Land Identification M. Gose 1941

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About the AuthorMilton E. Denny is a registered surveyor in seven states, and a veteran of surveying, mapping and GIS. His interest has always been in project development and management of firms. He is a past president of the Alabama Society of Professional Land Surveyors, a Fellow in the American Congress on Surveying and Mapping and served for many years on the Board of Direction. Mr. Denny is the author of many manuals dealing with surveying, mapping and GIS. He is a nationally known speaker and lecturer on these subjects and writes a column called “The Business Side” for a trade magazine. He was instrumental in the starting of a new member organization in the American Congress on Surveying and Mapping called the “Geographic and Land Information Society”. He served as the first president. Mr. Denny recently finished publishing a book on the history of surveying measurement call “Surveying The Land: Survey Measurement Devices 1620 to 1920”. He also does a first person presentation of the Colonial Surveyor Andrew Ellicott.His recent special interest has been in the history of survey equipment and its use in the original surveys. Most recently he has been concerned with the proliferation of multiple survey corners being set by surveyors. His belief is this results because of a lack of understanding of the accuracy of original surveys and the proper use of new technology. What plays a major role in this misunderstanding of when it is proper to set an additional corner, is not understanding the art of surveying. He has dedicated his future to teaching the art of surveying to future surveyors.

Prologue

The story of surveying in our modern era goes back to our forefathers in England. In these early days of surveying William Layborne claimed he was the best surveyor because of his experience in estate surveying, not just book learning like some of his contemporizes. There has always been a long running discussion whether land surveying was more science or art. Throughout history the pendulum has swung back and forth between both theories. Today with the common use of GPS and modern technology, science seems to be getting the upper hand in this age old struggle. This has resulted in the setting of many additional corners, in some cases next to established property corners. In some instances, this has resulted in court fights and lawsuits that are totally unnecessary. The modern surveying profession needs to understand more about the art of accepting evidence of existing property boundary locations, corner location not based wholly on technology or mathematical calculations.

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This manual will attempt to present the case for the “Art of Land Surveying”, based on long standing principles of the rights of the entryman and case law. And occupying property based on the good faith effort of the original surveyor who used different standards and technology to locate the property description on the surface of our earth. My belief is much of this information may come as a surprise to many recently licensed surveyors’ that only studied the science of surveying. Many older surveyors had mentors that taught them as apprentices the Art of Surveying. This system is for the most part lacking today which has resulted in the multiple corner dilemma and many court fights that should never happen.

As Paul Harvey said many times this is the “Rest of the Story”.

Introduction

In an ever changing world of technology it is sometimes very important to reflect on some basic principles and measure their importance in the modern world. Modern surveying being about three hundred years old has changed greatly is the past twenty years. The historic land surveyor took pride in placing a corner in the correct position based on their current technology. In many cases this meant a survey chain and compass. Surveyors following in the footsteps of the original surveyor took greater pride in finding the original location or replacing the corner in its original location based on collateral evidence than setting a new corner. Most of these surveyors knew the type of evidence to look for on the ground or had access to written documents, such as survey plats and field notes of the original surveyor.

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Chapter I‐I. The Metes and Bounds Surveyor

Little has been written about the colonial surveyor, but the evidence of their work is everywhere. The original explorers sent information back to their homelands of the great natural resources of the new world. This information began a great migration of settlers and the process of colonization began. The role of the surveyor in the early growth of this nation began with the need to survey the boundaries of vast land grants. The most important of these was the grant to William Penn of about 45 thousand square miles. Penn’s grand plan included the services of the colonial surveyor in every step of the process, from developing the overall boundaries to laying out lots for towns and cities. Penn’s surveyors also served as city regulators that helped with development of streets, sewer systems, water piping, curbing and drainage. These men not only served as surveyors but also as civil engineers. Due to the diligent work of these early surveyor/regulators, major problems of street location and property line disputes are virtually non‐existent in the City of Philadelphia.

The colonial surveyors spread out across the wilderness surveying the land for occupation by the settlers. This article is the story of their methods, hardships and dedication to their goal; surveying the land.

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I‐2 Training of the Surveyor

The vast expanse of the new colonies highlighted the great need for surveyors. Many of the first surveyors came to this country having received training in England or Europe. They in turn trained others in the art of surveying. There was great reliance on text books such as The Compleat Surveyor: Containing the Whole Art of Surveying of Land by William Leybourn, or Geodaesia: or The Art of Surveying and Measuring of Land Made Easy by John Love. These are all English text books. While these books did address geometry, trigonometry, and other mathematics related to surveying, they failed to address the differences between surveying in a developed country and surveying in the wilderness. Estates surveys in England had by the time of the American colonies been developed into an art form. These surveys were large, color maps, showing all the improvement to the property. Because the property lines had already been established, such as stone fences or rock walls, very little emphasis was placed on cardinal direction such as true or magnetic north.

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George Washington’s Chain

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This was not the case in colonial America. The new land was heavily wooded and all surveys needed direction and location in the vast wilderness. The methods commonly used in the old country simply did not apply. The colonial surveyor worked mainly in the wilderness away from family and civilization for long periods of time. The dangers were many and most surveyors adopted the ways of the native people in dress and food. After being in the field for many months, in most cases it may have been difficult to distinguish the surveyors from Native Americans.

I‐3 Measurement MethodsA very important function in the wilderness was the measurement of distances. In England the sixteen and one half foot wooden pole was in common use for estate surveys. Because of the larger tracts of land being surveyed in America, a more practical device was needed. Edmund Gunter, an English mathematician, in about 1620 invented the survey chain. This device contained 100 wire links 7.92 inches long, hooked together to form a steel chain 66 feet long or equal to four wooden poles. The links are joined together by rings of steel. In colonial America most chains contained three rings between the links (the length of 7.92 inches contained the rings); while later chains contained only two rings between links (this is a method used to be able to date an original chain). Because of the problems of keeping a 66 foot chain off the ground, most surveyors used a chain of 33 foot long or two wooden poles in length. Most of the early survey text presented information on how to keep tract of the distance by use of tallies or markers that the surveyors exchanged between members of the survey team. This system allowed surveyors to employ chainmen that could not read or write, but could learn the tally system.

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I‐3 Keeping the Count

In the later part of the eighteenth century, a device called an out‐keeper, or better known as a tally‐counter, appeared on the survey compass. This was a counter with a handle attached; the handle could be turned from one to sixteen. There were a few rare cases where the counter only measures to eight. The idea was when the chainman called, “Out” or “Tally”, the compass operator would turn the handle one number. When eight or sixteen (dependent upon using a two‐pole or four‐pole chain) were reached on the counter, this meant the crew had measured a mile. At this time, the chainman would stop and regroup, including setting the tally counter back to zero. This was also the time the surveyor would record the information in his field book that the crew had chained a mile. Also, a corner may be set and tied with references to trees, rocks or any other available natural objects.

16

Tally Belt 1755

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17

Chaining Instructions

Compass with Out‐keeper

I‐4 Marking the Corners

A truly American system was developed whereby the surveyor placed reference marks to the survey corners by scribing marks on trees. This system also played a major role in surveying the country west of the colonial land. The tree scribe was an important item of equipment to the colonial surveyor, many original scribes that I own have the steel parts just about filed away from being sharpened. These scribes are also called race knives and were also used in marking timbers in ship building and building half‐timber houses in England and Europe.

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I‐5 Establishing Direction

The direction of the survey lines was a very important consideration in colonial America. In running lines across the wilderness a method was needed to be able to establish and define a direction, this designation would be used to establish the property lines or re‐establish the lines on future surveys. All early surveyors understood the difference between True North and Magnetic North.

We need to stop and define a few terms to be able to understand the problems of the colonial surveyor.

I‐6 True North

This is sometimes called the True Meridian or Cardinal Direction. The true meridian is a plane which passes through the place and the axis of the rotation of the earth. This is commonly referred to as polar north, based on the location of the star Polaris. The problem with using Polaris for true north is the star is not exactly north, but rotates in a small circle around true north. It becomes true north twice each day. The surveyor needed to have tables and a method to determine the correct time to sight the star.

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I‐7 Magnetic North

The magnetic direction of a free swinging needle of a compass is not the same meridian as true north and changes its relationship to true north over time. This change and relationship to true north is known as magnetic declination. This correction is determined by establishing true north and finding the difference between true and magnetic north. This correction is applied to a compass by the use of a vernier scale. This correction allows the magnetic compass to provide the surveyor with a true north direction.

I‐8 Latitude and LongitudeMany of the early boundaries in the colonies were based on latitude (north or south) or longitude (east or west). Finding latitude was a well known method by early surveyors based up on sun or star angles which, with the use of a printed ephemeris, could be converted to latitude. Finding longitude was a much more complex undertaking, astronomers and surveyors had been for centuries trying to develop a reliable method to determine longitude. Some of the key elements in finding longitude was having true north and correct time. Besides using Polaris, early colonial surveyors used these other methods. The stars of Alioth, the third star in the handle of Ursa Major, and Cassiopeiae were sighted at the same time as they pass above and below true north. When they passed a vertical crosshair in the telescope simultaneously this resulted in a true north direction.

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A second method that used the single star Alioth was also used. In July, 1751 it was determined that Alioth gained one degree, thirteen minutes and thirty seconds every ten years on the star Polaris. Then by observing both stars with the proper instruments on a vertical plane, and adjusting the instrument for time, the meridian could be determined.

I‐9 Accurate Time

Time is an important consideration in determining longitude. Correct time was very difficult to obtain. In the wilderness very few options existed to develop correct time. One common method was to observe the immersion of the forth satellite of the planet Jupiter. This reading could be converted to time using printed tables. This information on time was then used to develop longitude. Before the end of the eighteenth century, chronometer watches or clocks being made in England were not available in the colonies. The first mention was during the outfitting of Lewis and Clark trip in 1803, they did purchase a chronometer with key for $250.75 (75 cents for the key). Andrew Ellicott recommended an Arnold escapement, this Lewis and Clark watch may or may not have been an Arnold’s chronometer.

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The presentation of the above method for longitude is a very simplified description of the actual methods and calculations that the surveyors needed to perform.The most important attribute of any time piece was not whether it kept perfect time, but whether its ‐rate of going – the daily rate of time gained or lost was known, predictable, and, consistent. The later invention of the gridiron pendulum that automatically adjusted the length of the pendulum for temperature was a major improvement

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George Washington’s Chain

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I‐10 Small Surveys

In smaller parcels of land, the owner received a grant or warrant for a parcel containing a certain size tract of land in a designated area. A surveyor would be hired or appointed to survey the parcel. The plat would then be returned to the proper officials. After the plat and description with acreage was approved by the land office, the owner would have a legal claim to the parcel. Agreement between the granted acreage and the survey acreage as shown on the survey plat or map was a very important part of being granted a final deed. If there was significant difference between the acres granted and the surveyed acreage, additional field work may have been required before final acceptance. Most of these small surveys where of tracts of land less than 500 acres. They were surveyed with magnetic bearings using a survey compass. The distances were measured with a two pole chain of thirty three feet. A plat was drawn showing the distances in poles and the bearings to the nearest one half degree. The future retracement of these parcels is made very difficult because of the lack of reference of the magnetic bearings to true north, and the lack of permanent monuments. Referencing trees or other natural objects was a very common practice. Over time these references have all disappeared making a new survey of these tracts very difficult.

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I‐11 Employee ProblemsSurveyors that failed to perform a proper survey sometimes incurred the wrath of people like John Lukens, Surveyor General in Pennsylvania in 1786.“It is the opinion of the Land Office jointly, you were to go to the place and make the surveys according to the warrants and make proper return of the same – pray don’t trust your journeyman to make the surveys, or do look better after him. If I had thought you could not have surveyed your district yourself, I should have appointed some other person to that business. I am very sorry to find you so deficient”.

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Astronomical Clock by David Rittenhouse

I‐16 Surveyor as Colonial Citizen

In examining the non‐surveying tasks and interests of this group of men, one is struck by the diversity of activity and outlook. Although most surveyors had land which they worked, many were elected officials, while some were millers, tavernkeepers, merchants, cartographers, and instrument makers. Few, if any were exclusively engaged in the task of surveying. Their field books and letters give an intimate picture of their thoughts on philosophy, religion, and science, their feeling toward to politics and their fellow‐men. Many of these men were active in the American Philosophical Society submitting papers and ideas on improving the understanding of science and astronomy.

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I‐17 Hardships of a Surveyor

Many colonial surveyors spent time away from families and home. A good example of these men was the surveyor, Andrew Ellicott. He took many trips into the wilderness. His most famous trip lasted four years. During these times away from home surveying, he is best known for writing letters to his wife Sally. Many of these letters and his dairy describe the hardships and difficulties encountered, such as the dairy written on a trip to the western boundary of Pennsylvania in 1785.

“June 7, 1785The Morning was clear and promised us a favourable day but by noon the Rain began to fall very plentifully accoumpanied with Heavy Thunder‐ In our way to the Corner we aroused some find Deer‐ this part of this Country is not only Wilderness at present but must ever continue so‐ the Vallies are too small for Cultivation and the Hills too steep and high, and in short they are only separated by Crevices‐ their Tops are so narrow that frequently two Waggons would reach across.We are much pestered with Muskeetoes and Knats the last are numerous beyond conception and we have no other way to keep clear of them but by making a Smoak‐ . . . we find by experience that Tobacco‐Smoke is an excellent preservative against them – one Pipe will clear a whole tent‐ They are extreame small and tender the slightest touch crushes them to death‐ when we leave our Tents we have to muffle up our Faces and keep Gloves on our Hands in order to oppose their Attacks‐ The large Horse‐Fly is very numerous and pleagues our Horses excessively‐ the poor Animals try to run into the Smoak of our Fires to get clear of them‐ Poison‐Vine is in great abundance‐my Hands are as completely blistered as if I had applied a plaster of canthherides‐I cannot see anything in this Wilderness that can make it tolerably agreeable‐ This evening we discovered a mutiny among our People in both Camps but for prudential reasons did not give any intimation of the discovery‐

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June 8th

Early this Morning, one Brown who was the soul of the Mutiny received a severe cudgeling and several others discharged‐we then went with the remaining hands and began work; . . . In the afternoon my Brother Joseph went with some hands to enlarge the Pile of Stones about the Corner Post‐“

“My Dear SallyWe are stationed at this place, but will shortly have to leave it and

return home,‐ not by the command of Capt. Cornplanter, Wood‐Bug, Dogs‐about‐the‐fire, hot‐Breads, hot Ashes, Big‐Boil‐of a Kettle, Broken‐Twig, Standing‐Stone, flying Cloud, Bears‐Oil, Mud‐eater, Big‐Standing‐Stone, flying‐Cloud, Bears‐Oil, Big‐fish‐carrier, Old‐Turkey, The‐Terrepin, Snake, He‐cant‐find‐it, the stringer‐of‐***ts, Twenty‐Canoes, or any other two‐legged King of this country; but by the command of a much more powerful Monarch, who is now making a most violent attack upon my fingers, and toes; that is Capt. or King Frost.

We are all in a fine state of health, but almost naked for the want of cloaths, As yet we have been able to keep ourselves moderately warm with Blankets, and Bear Skins. As to women, we know nothing about them except by recollection, ‐ we have not seen one of any colour for near four months. Without joking I expect we shall certainly receive orders to return in less than two weeks, . . . . . . . . . .

I am my Dr SallyYour Loving

Husband”

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The Colonial Surveyor was a very special person. Not only did he have to understand math and science, he was schooled in the art of surveying, worked under very difficult conditions, and surveyed in the wilderness for extended periods of time. Interacted with the native population of the colonies, be Captain and judge of his workers, and try and support his family back home. He also suffered the indignity of not getting paid for this services. Andrew Ellicott found it necessary to sell his library two different times to keep from bankruptcy.

History of Legislation for Surveys

The present system of survey of the public lands was inaugurated by a committee appointed by theContinental Congress, consisting of the following delegates:

Hon. Thomas Jefferson, Chairman……………………Virginia.Hon. Hugh Williamson……………………………….. North Carolina.Hon. David Howell…………………………………….Rhode Island.Hon.Elbridge Gerry……………………………………..Massachusetts.Hon. Jacob Read………………………………………..South Carolina.

On the 7th of May, 1784, this committee reported “An ordinance for ascertaining the mode of locating and disposing of lands in the western territory, and for other purposes therein mentioned.” This ordinance required the public lands to be divided into “hundreds: of ten geographical miles square, and those again to be subdivided into lots of one mile square each, to be numbered from 1 to 100, commencing in the northwestern corner, and continuing from west to east and from east to west consecutively. This ordinance was considered, debated, and amended, and reported to Congress April 26, 1785, and required the surveyors “to divide the said territory into townships of 7 miles square, by lines running due north and south, and others crossing these at right angles. * * * The plats of the townships, respectively, shall be marked by subdivisions into sections of 1 mile square, or 640 acres, in the same direction as the external lines, and numbered from 1 to 49. * * * And these sections shall be subdivided into lots of 320 acres.” This is the first record of the use of the terms “township” and “section.”

II-1 The U. S. System of Rectangular Surveys (GLO)

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II‐2 May 3, 1785, on motion of Hon. William Grayson, of Virginia, seconded by Hon. James Monroe, of

Virginia, the section respecting the extent of townships was amended by striking out the words “sevenmiles square” and substituting the words six miles square.” The records of these early sessions ofCongress are not very full or complete; but it does not seem to have occurred to the members until the 6th

of May, 1785, that a township six miles square could not contain 49 sections of 1 mile square. At the datea motion to amend was made, which provided, among other changes, that a township should contain 36sections; and the amendment was lost. The ordinance as finally passed, however, on the 20th of May,1785, provided for townships 6 miles square, containing 36 sections of 1 mile square. The first publicsurveys were made under this ordinance. The townships, 6 miles square, were laid out in ranges,extending northward from the Ohio River, the townships being numbered from south to north, and theranges from east to west. The region embraced by the surveys under this law forms a part of the presentState of Ohio, and is usually styled “The Seven Ranges.” In these initial surveys only the exterior lines ofthe townships were surveyed, but the plats were marked by subdivisions into sections of 1 mile square,and mile corners were established on the township lines. The sections were numbered from 1 to 36,commencing with No. 1 in the southeast corner of the township, and running from south to north in each;tier to No. 36 in the northwest corner of the township, as shown in the following diagram:

The surveys were made under the direction of the Geographer of the United States.


40Land Office

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The act of Congress approved May 18, 1796, provided for the appointment of a surveyor general, and directed the survey of the lands northwest of the Ohio River, and above the mouth of the Kentucky River, “in which the titles of the Indian tribes have been extinguished.” Under this law one half of the townships surveyed were subdivided into sections “by running through the same, each way, parallel lines at the end of every two miles, and by making a corner on each of said lines at the end of every mile,” and it further provided that “the sections shall be numbered, respectively, beginning with the number one in the northeast section and proceeding west and east alternately, through the township, with progressive numbers till the thirty‐sixth be completed.” This method of numbering sections, as shown by the following diagram, is still in use:


The act of Congress approved May 10, 1800, required the “townships west of the Muskingum, which * * * are directed to be sold in quarter townships, to be subdivided into half sections of three hundred and twenty acres each, as nearly as may be, by running parallel lines through the same from east to west, and from south to north, at the distance of one mile from each other, and marking corners, at the distance of each half mile, on the lines running from east to north. * * * And the interior lines of townships intersected by the Muskingum, and of all the townships lying east of that river, which have not been heretofore actually subdivided into sections, shall also be run and marked * * * And in all cases where the exterior lines of the townships thus to be subdivided into sections or half sections shall exceed, or shall not extend, six miles, the excess or deficiency shall be specially noted, and added to or deducted from the western and northern ranges of sections or half sections in such townships, according as the error may be in running the lines from east to west or from south to north.”

II-3 The U. S. System of Rectangular Surveys (GLO

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The act of Congress approved February 11, 1805, directs the subdivision of the public lands into quartersections, and provides that all the corners marked in the public surveys shall be established as the propercorners of sections, or subdivisions of sections, which they were intended to designate, and that cornersof half and quarter sections not marked shall be placed, as nearly as possible, “equidistant from those twocorners which stand on the same line.” This act further provides that “The boundary lines actually runand marked * * * shall be established as the proper boundary lines of the sections or subdivisions forwhich they were intended; and the length of such lines as returned by * * * the surveyors * * * shallbe held and considered as the true length thereof, and the boundary lines which shall not have been runand marked as aforesaid shall be ascertained by running straight lines from the establishedcorners to the opposite corresponding corners; but in those portions of the fractional townships, whereno such opposite or corresponding corners have been or can be fixed, the said boundary lines shall beascertained by running from the established corners due north and south or east and west lines, as thecase may be, to * * * external boundary of such fractional township.”


The act of Congress approved April 25, 1812, provided “That there shall be established in the Department of the Treasury an office to be denominated the General Land Office, the chief officer of which shall be called the Commissioner of the General Land Office, whose duty it shall be, under the direction of the head of the Department, to superintend, execute, and perform all such acts and thins touching or respecting the public lands of the United States and other lands patented or granted by the United States, as have heretofore been directed by law to be done or performed in the office of the Secretary of State, of the Secretary and Register of the Treasury, and of the Secretary of War, or which shall hereafter by law be assigned to the said office.”

The act of Congress approved April 24, 1820, provides for the sale of public lands in half‐quarter sections, and requires that ‘in every case of the division of a quarter section the line for the division thereof shall run north and south * * * and fractional sections, containing 160 acres and upward, shall, in like manner, as nearly as practicable, be subdivided into half‐quarter sections, under such rules and regulations as may be prescribed by the Secretary of the Treasury; but fractional sections containing less than 160 acres shall not be divided.”


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Start of GLO Surveys

46

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1855 1st Manual of Instructions

1864 Manual of Instructions

1868 Circular 22

1874 Circular

1879 Circular










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49Kansas Land Office 1874

Chapter III – 1 Serving the Client Professionally

Deed Line Surveyor VS. Property Line Surveyor

• One of the first choices a surveyor has to make is to determine if they want to be a deed line surveyor or a property line surveyor. A deed line surveyor is one that just stakes the deed on the ground, then ties the improvements to those lines. This lets someone else decide the true boundary lines of the property, in some cases the courts. GPS makes being a deed line surveyor simple and cost effective.

• The property line surveyor finds all the evidence available including monuments, old surveys and occupation comparing record distances against the deed calls and presents the case for the defendable lines of the property knowing the evidence will not fit the deed calls exactly. This professional option built on evidence is defendable in court and wins most of the time.

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Sizing the Section Vs. Reliable Collateral Evidence

• Sizing the section with modern GPS falls into the same category as the deed line surveyor. In sizing the section surveyors take existing sections corners that may or not be in the correct position and do a mathematical break down of the section; setting new corners that do not always agree with existing local evidence. I do think it is important to size a section, and compare a mathematical break down of the section against local existing corners. It is important to recognize that the break down of the section will never fit the local corners exactly. In fact, the local corners may be the best evidence of determining the location of the original GLO corners. Professional judgment comes into play in the determination of the amount of difference that is acceptable between the mathematical corner and the local existing corner. This can vary between a few tenths of a foot to a number of feet. It is always important to keep in mind, would I rather defend in court a new corner based on sizing the section or local collateral evidence.

Chapter III – 1 Serving the Client ProfessionallyChapter VI – Resurveys and Evidence

This information is from Chapter VI, Resurveys and Evidence from the Manual of Surveying Instructions for the Survey of the Public Lands of the United States 2009, Bureau of Land Management, Department of the Interior, United States Government.

The following information is provided by the Bureau of Land Management as a guide to the Non‐Government surveyor in determining the best location of property corners with regard to property rights and location of real property boundaries. Keeping in mind at all times you are still working within the boundaries and guideline of the U.S Cadastral System.

The following excerpts from the manual provides an overview of the responsibility of the professional surveyor. I encourage each surveyor dealing with private lands in the GLO to acquire a copy of the manual for study and review.

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6‐1. The rules for identifying the lines and corners of anapproved official survey differ from those under whichthe survey was originally made. The purpose is not to"correct" the original survey by determining where anew or exact running of the line would locate a particularcorner, but rather to determine where the corner wasestablished in the beginning. There is no realm of thelaw in which there is a greater need to maintain stabilityand continuity than with regard to property rights andthe location of real property boundaries. This requirementis ‐explicitly expressed in the Act of February 11 ,1805 (2 Stat. 313; 43 U.S.C. 752):


54George Washington Cunard 1848 ‐ 1926

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( I) All the corners marked in the surveys,returned by the Secretary of the Interior or suchagency as he may designate, shall be establishedas the proper corners of sections, or subdivisionof sections , which they were intended todesignate;(2) The boundary line, actually run and markedin the surveys returned by the Secretary of theInterior or such agency as he may designate,shall be established as the proper boundarylines of the sections, or subdivisions, for whichthey were intended, and the length of such linesas returned, shall be held and considered as thetrue length thereof.(3) Each section or subdivision of section , thecontents whereof have been returned by theSecretary of the Interior or such agency as hemay designate, shall be held and considered ascontaining the exact quantity expressed in suchreturn;

III‐1 Serving the Client Professionally

6‐2. Surveyors with extensive experience workingin the non‐Federal arena are especially cautioned thatthe stability envisioned by this statutory scheme maybe different from the concept of stability described incommon law boundary cases. Stability of boundariesin the non‐Federal arena is often given as the guidingprinciple behind boundary resolution theories such asadverse possession or acquiescence. The Federal statutoryscheme quoted here, however, does not seek toreward a landowner who merely maintains an enclosureor improvement for a long period of time. In fact , principlesof "adverse possession" do not apply against theUnited States. Rather, stability is inherent in protectingthe integrity of the lines actually run and marked inan official survey. Thus, a paramount principle is thatall evidence gathered, whether direct or collateral, beanalyzed with a view toward discovering the best availableevidence of the official survey lines. Evidence ofa private property line is valuable in this process onlyinsofar as it can be related, by substantial evidence, tothe official survey. The methods described here followleading judicial opinions, administrative law decisionsand approved surveying practice.

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6‐6. The function of the local surveyor begins whenemployed as an expert to identify lands that have passedinto private ownership. The testimony or records of localsurveyors who have identified the original monumentprior to its destruction, or who have reasonably appliedthe good faith location rule, or who have marked thecorners of legal subdivisions according to the prevailinglaw using the accuracy standards for the time andlocale , is often considered reliable collateral evidence ofthe original surveyed and protracted lines and corners,particularly where those surveys are followed by useand occupancy by the landowners.

III‐2 Serving the Client Professionally

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Race Knife / Tree ScribeL to R 1740 to 1950

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6‐11. An existent corner is one whose original positioncan be identified by substantial evidence of the monumentor its accessories, by reference to the descriptionin the field notes, or located by an acceptable supplementalsurvey record , some physical evidence , or reliabletestimony.A corner is existent (or found) if such conclusion is supportedby substantial evidence. The substantial evidencestandard of proof is such relevant evidence as a reasonablemind might accept as adequate to support a conclusion.Substantial evidence is more than a scintilla ofevidence but less than a preponderance of the evidence.

III‐3 Identification of Corners

6‐17. An obliterated comer is an existent corner where,at the corner's original position, there are no remainingtraces of the monument or its accessories but whoseposition has been perpetuated , or the point for whichmay be recovered, by substantial evidence from the actsor reliable testimony of the interested landowners, competentsurveyors, other qualified local authorities, orwitnesses, or by some acceptable record evidence.An obi iterated corner position can be proven by substantialdirect or collateral evidence. When both categoriesof evidence exist, direct evidence will be given moreweight than collateral evidence. A position that dependsupon the use of collateral evidence can be accepted onlyas duly supported, generally through proper relationto known corners, and agreement with the field notesregarding di stances to natural objects , stream crossings, line trees, and off‐line tree blazes, etc., or reliabletestimony. Collateral evidence must include some componentthat relates to the position of the original surveycorner, including measurement evidence , historicalrecord, testimony, or any reasonable tie.

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Good Faith Locations6‐35. It may be held generally that the claimant , entryman, or owner of lands has located his or her lands bythe good faith location rule if such care was used indetermining the boundaries as might be expected by theexercise of ordinary intelligence under existing conditions.A good faith location is a satisfactory location ofa claim or of a local point. It is one in which it is evidentthat the claimant's interpretation of the record of theoriginal survey as related to the nearest corners existingat the time the lands were located is indicative of such adegree of care and diligence upon their part , or that oftheir surveyor, in the ascertainment of their boundariesas might be expected for that time and place. This isreferred to as the good faith location rule .

III‐4 Collateral Evidence of Corners

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Good Faith Location6‐36. The relationship of the lands to the nearest cornersexisting at the time the lands were located is oftendefined by fencing , culture, or other improvements . Inmany parts of the country, county and other local surveymonuments, which may consist of pipes or stonescommonly used at the time , may be found at the apparentcorners of the entryman's improvements includingfencing. The possible existence of such local monumentsdemands a diligent search for any records from the oldlocal survey, but even if the monuments are of unknownorigin they must be analyzed for good faith location.Lack of good faith is not necessarily chargeable if theentryman has not located himself according to a rigidapplication of the rules laid down for the restoration oflost corners where:

6‐41. It is not intended to disturb satisfactory local conditions with respect to roads , fences, and other evidence of use or occupancy. The surveyor has no authority to change a property right that has been acquired legally, nor accept the location of roads , fences and other use or occupancy as prima facie evidence of the original survey. Something is needed in support of these locationThis will come from whatever intervening recordthere may be, the testimony of individuals who maybe acquainted with the facts , and the coupling of these things to the original survey.

III‐5 Satisfactory Local Conditions

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In many cases due care has been exercised to place theproperty fences and other evidence of use or occupancyon the lines of legal subdivision and locate the publicroads on the section or subdivision‐of‐section lines.These are matters of particular interest to the adjoiningowners, and it is a reasonable presumption that careand good faith would be exercised with regard to theevidence of the original survey in existence at the time.Obviously, the burden of proof to the contrary must beborne by the party claiming differently. In many casesthere are subsurface marks in roadways, such as deposits of a marked stone or other durable material , that are important evidence of the exact position of a corner if the proof can be verified. Also, knowledge regarding the construction of a purported property line fence, or other use or occupancy line can be obtained from long time landowners and community members and could provide positive evidence as to location in conformity with the good faith location rule.

6‐45. Once a local point of control is accepted in an official survey it has all the authority and significance of an original corner. The influence of such points is combined with that of the previously identified original corners in making final adjustments of the temporary points.The acceptance of duly qualified and locally recognizedpoints of control should verify the public land surveys ,simplify resurveys, and avoid conflicting lines that differonly slightly in location. In this manner flexibilitywill be introduced in the plan of the dependent resurvey, at least to the extent of protecting satisfactory local actions in reliance on evidence of the original survey.

III‐6 Local Points of Control

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6‐46. The surveyor cannot abandon the record of theorigin al survey in favor of an indiscriminate adoptionof points not reconcilable with it. However, many situationswill arise where locally accepted lines are in substantialagreement with evidence of the original survey,al though without testimony or record evidence relatingto the original survey. Where this circumstance isfound , it is often better to accept a position based uponlocal interpretation rather than to disturb satisfactoryexisting conditions. The surveyor will endeavor to avoiddisturbing the position of locally recognized lines whensuch action may adversely affect improvements , again ,provided that there is substantial agreement with theevidence of the original survey. At the same time thesurveyor must use extreme caution in adopting localpoints of control. These may range from authentic perpetuationsof original corners down to marks that werenever intended to be more than approximations. Thesurveyor must consider all these factors.

Chief among this class of evidence forming the basis ofrecognized positions of land boundaries are; recordedmonuments established by local surveyors and dulyagreed upon by interested property owners; the position ofboundary fences determined in the same manner; and thelines of public roads, drainage or irrigation ditches, andtimber cutting lines; when intended to be located with reference to the original subdivisional lines. The local record in these cases , when avail able, may furnish evidence of the original survey. If a point qualifies for acceptance, having satisfied the requirement for substantial agreement with evidence of the original survey, the presumption is strong that its position bears satisfactory relation to the original survey and the burden of proof to the contrary must be borne by the party claiming differently. Pointsthat so qualify must be accepted as the best available evidenceof the true position of the original survey.

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6‐51. Bona fide rights as to location may vest to anofficial resurvey. This is in keeping with the principleof protecting bona fide rights based on an original survey, pursuant to 43 U.s.c. 772. As the Court said inUnited States v. Reimann, 504 F.2d 135, 139‐140 (10"Cir. 1974):It would be inequitable to permit the government... to accept a survey[J ... recording it withknowledge that it would be relied upon bypatentees, and then gram the government theright to later correct its error, ex parte, to thedetriment of those who did in fact , and in goodfaith , rely upon it.

III‐7 Protection of Bona Fide Rights

6‐74. The surveyor cannot change materially theconfiguration of a tract as shown by its original description in order to indemnify the owner against deficiencies in area, to eliminate conflicts between entries, or for any other purpose. If improvements have been located in good faith , the tract survey will be so executed, or the conformation to the lines of the dependent resurvey so indicated , as to cover these improvements as nearly as possible, and at the same time the form of the entry as originally described is substantially maintained.No departure from this rule is allowed.

III‐8 Bona Fide Rights

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IV‐1 GLO Sections and Townships

Standard Township

IV‐2 Falling of the Random Line

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IV‐3 Tangent Method of Township Lines

IV‐4 Secant Method of Township Lines

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IV‐5 GLO Sections and Townships

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IV‐6 Standard Layout of a Township

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V‐1 Magnetic Surveys

V‐2 Daily Variation

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V‐3 Annual Magnetic Declination

V‐4 Secular Change by Year

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Location Degree Minute Date

Zip Code:

Northern Latitude:

Start Date:

Western Longitude:

End Date:

V‐5 NOAA Historic Declination

VI‐1 What Does Evidence Look Like?“The highest and best evidence of the location of a tract of land is that furnished by the monuments found on the ground and which have been made for that particular tract.”

“The line originally run, fixed and marked is the true boundary line that will control irrespective of any mistakes or errors in running and marking the line.”

“The marks on the ground of an old survey, indicating the lines originally run, are the best evidence of the location of the survey.”

“The position of old fences may be considered in ascertaining disputed boundaries. As between the old boundary fences and any survey made for the monuments after dispute, the fences are by far the better evidence of what the lines of the lot actually were.”

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VI‐2 It Could Be a Stone in a Pile of Rocks

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Shaped Field Stone

VI‐3 An Old Painted Line

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Bearing Trees and Their Relationship to Section Corners

VI‐4 An Old Wooden Pine Knot

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VI‐5 More Corners Than You Need

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VI‐6 Harder to Deal With

VI‐7 Why Can’t We Agree?

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VI‐8 Large Plate Pine Tree

“There is an Unappreciated Sacredness about Land Line Surveying”

E. E. Todd

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VI‐9 Ellicott Earthen Mound with Surveyors Pine Knox

VI‐10 Concrete Monument

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VI‐ 11 Even Mason and Dixon could not Agree

1. Buggy Hub and AxleThe surveyor that followed in the footsteps of the original surveyor used

many different items to mark the corners. Buggy axles or hubs were items found laying around many farms. When the time came to set a corner they reached for the items on hand to set for corners2. Shotgun Barrel

While not a common corner many surveyors have found shotgun barrels;many times they are referenced in the deed.3. Civil War Cannon with Barrel Down

Not a common corner but have been known to be at all corners of a Township in a coastal area. Most likely set by a local county surveyor.4. Upright Railroad Rail

Railroad rails have been used all over the United States, most set by the local county surveyor to monument section corners. It is most likely if you fine one, there will be others in the area always set upright and about three to four feet long. Some are light rails from narrow gauge or logging railroad.

VII ‐ What Other Things May I Find?

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5. Model “T” Ford AxleBefore world war II millions of Model “T” Fords went to the scrap

yard. This was a good source of corner material. The availability of these axles stopped with the start of the World War II; most of these were set between 1920 and 1940. They are very different from a modern car axle and very unique if you know what to look for in an axle.6. Pinched Iron Pipe

A pinched pipe is a piece of water pipe cut off with a medal sheer at a scrap yard,. I have waited at a scrap yard for the workers to cut off 30 inch lengths. These do not rust as fast as an open ended pipe. In a subdivision these may have been at all the original corners.7. Concrete Monument

As we all know, these come in all different sizes and shapes. It is very difficult to determine the age of a concrete monument. A few ways to determine age is if any rebar is exposed and it is square not round, it may date prior to 1930. Also if it has a separate layer of concrete on the top it was made before 1920. Most surveyors never set monuments larger than 6 X 6 inches.


8. Rock PilesA very common corner in rural surveys is a rock pile, sometime this pile

may have a key stone in the center. This may be a local accepted corner in place for many years having been set by a local surveyor using the equipment and accuracy of the time period when set. It is not hard to differ with this corner, but remember courts will almost always accept this as the corner.9. Fences and All Kinds of Walls

Most surveyors don’t want to be referred to as fence surveyors, but in many cases the fences are a great piece of evidence as to location of old survey lines. Walls along property lines can be good evidence of boundary line locations, most property owners don’t build wall without having an idea of the proper boundary location. Another type wall that can be important is building walls of adjacent structures. 10. Balks‐Ridges of Earth

Balk line are the lines formed by plowing or cultivation along property lines, while these lines may not give a definitive location of a boundary lineit can give a good idea of the accepted boundary.


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11. Trees Blazed on lineMany of the original surveys had blazed tree markings. While all these

original blazing's are gone, other surveyors have practiced the art of blazing on retracement surveys. It is a developed skill to be able to recognize very old markings on trees.12. Witness Trees

Finding original witness trees east of the Mississippi is very difficult and they mainly exist in protected forest lands. In the westerly states, many good examples of witness trees still exist. When accepting one as original, make sure it is the correct species as recorded in the original field notes.13. Stump Holes

The locating and proving of stump holes of original witness trees is a well accepted method of locating the original location of section corners. If four witness trees are recorded in the original field notes, finding two or three is considered a successful proofing of the corner. In some cases wood fragments from the hole can be sent to the forestry department at major universities for species identification. The tree type found in the field notes should match the tree fragments found.


14. Building Ties as Line EvidenceA frequently overlooked piece of evidence is the building ties as

shown on previous surveys. This could be on the property you are surveying or a lot down the block. Houses don’t move, which is a good way to establish old lines. This also works well on business and commercial property.15. Charcoal Under GLO Corners

In the original GLO surveys in areas where tree ties were not available, two quarts of charcoal were placed under an earthen mound. If the field notes show charcoal set, in most cases it is still in the ground under the corner. This is an excellent way to prove the corner found is in the same place as the original corner. It does take some time to dig as it is one to two feet under the surface.16. Size and length of iron pipe corners

Most surveyors set iron pipe corners between 24 and 32 inches in length, and ½ to 1 ½ inches in diameter. I always carry a vice grip in the truck to be able to pull up a corner to evaluate the likely hood of it being set by a surveyor. If it turns out to be 5 feet long, it most likely was set by the property owner. Sometimes a larger pipe, such as two inches in diameter, may have a surveyors pipe inside. Surveyors set corners flush to the ground. A pipe sticking up 2 feet was not set by a surveyor. Also the pipe needs to be perpendicular to the ground not leaning.


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17. Barb‐Wire EvidenceBarb‐Wire evidence comes in many different forms. From the fence line

containing wire, to fragments of wire grown into a tree on the property line.The wire comes in many different shapes and forms that allows the surveyor to date when a design was in use. Barb‐wire evidence has been used in many different court cases dating back well over one hundred years. There are many different books available on how to date the wire production.

18. Rebar with CapIn recent times the most popular corner set is a rebar with a cap containing

the license number of the surveyor that set the corner. Most state standards require the corner to be #4 or #5 rebar 18 to 30 inches long with the surveyors cap. While it is a great help to know who set the corner, it seems to easy to just put a new rebar next to an existing corner. I have found these set so close to each other that the surveyor setting the new rebar had to carve away part of the plastic cap of the existing corner. Not the Art of Surveying!


VIII ‐ Where Do I Find Other Evidence?

1. Original Field Notes and Township PlatsCopies of the original field notes should be in the local courthouse .

If not, all this information is now available on the internet at the Bureau of Land Management website. The courthouse is also a good place to find old maps or plats of your property or the adjoining property.2. Recorded Plats and Subdivisions

Again this information is found in the local county or parish courthouse . All states require a subdivision to be recorded to be a legal subdivision of land. The courthouse may also be a wealth of other information including other subdivisions of part of the land in question.3. Tax Assessor’s Office and Tax Maps

At the tax assessor’s office we can check the tax maps to be able to see a plot of the property and gather deed reference information. A good place to determine junior and senior rights of the property.4. Run a Traverse Closure and plot the Deed

Run a traverse of the deed information of parcel. If the deed does not close it may have been written by someone besides a surveyor.

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5. Local Surveyors and EngineersI have always shared information with other surveyors. It is in your best

interest to let other licensed surveyors have the benefit of information in your files. This system works both ways. You may have information they need and their information may provide the key to solving a very difficult problem.6. Titles Companies and Abstractors

Most title companies have shared information with me on survey problems. They may have extensive experience dealing in a problem area that you may have in a survey job. I find abstractors may have made comments on a disagreement of the property lines of a parcel that may affect your survey. Also check the files for copies of old surveys.7. Utility Companies

Most utility companies have maps and files dealing with parcels that may be adjacent to your survey. Today many maintain a GIS system. Ask for a print of your area of interest.8. Highway Departments

Highway ROW maps can be a great resource of information, including section corner and property corner ties related to taking a new right of way for construction projects. You make also acquire curve data and road widths related to your parcel. This is a very important stop for information.


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9. U.S.G.S. Quadrangle SheetsThe quad sheets can be a very useful tools in job planning. Today the

digital quads can be a great help in finding corners. If you pull the latitude and longitude from the digital quads for section and quarter corners to two decimal places, this information can be stored in a handheld GPS unit to take you to the corner area for a corner search. Inversing between corner locations on the digital quads using the NGS Tool Box, can provide bearing information compared to True North. Corners used by the U.S.G.S. in making the quad maps are shown as a red cross. Most likely this corner exists in the field.10. Soil Conservation and Agricultural Historic Aerial Mapping

The federal government has historic aerial maps available dating back to about 1933. These photos can provide a wealth of information from old road locations, balk lines, and building locations. Remember the person with the best evidence in court wins!11. Topo Calls from the Field Notes

While I have never been a great believer in topo calls, I had a recent survey where they were the best evidence because of very difficult terrain.The should never be all the evidence, but supporting other information.


12. Neighboring Property OwnersYou have not performed a complete research effort until you contact

the owners around your property. Asking for old survey plats, copies of deeds and any other information they can provide. You may want to ask if they can show you some local known corners. Also ask if any older residents in the area may have additional information. A digital camera is an excellent way to make a copy of some old deed from a neighbor on location.


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IX‐1 What do other Surveyors Say!

Boundaries and Landmarks“A good deal has been written on this general subject with reference to public lands of the West, but little has been done in this line in connection with the ordinary conveyance of the eastern United States. My hope is to furnish something which may prove useful to those who are destined to wrestle with problems of this nature (placement of corners). No attempt will be made to describe methods of measuring the line; the intention is to furnish suggestions for finding the line which is measured. For after all, when it comes to a question of the stability of property and the peace of the community, it is far more important to have somewhat faulty measurement of the spot where the line truly exists than it is to have an extremely accurate measurement of the place where the line does not exist at all”.A. C. Mulford 1912

IX‐ 2 What do other Surveyors Say!

The Surveyors GuideAmount of Error Necessary to Validate a Survey

“How far from the point at which a corner ought to stand may a corner (set by a previous county surveyor ) be, and still be allowed to stand as a proper corner? Or, in other words, how small an error will validate a survey?In France, 2 ½ feet in measuring 80 rods is the greatest allowable error.But I think, taking into consideration the kind of chainman we are obliged to accept, the value of our land, and the many obstacles to correct measurement which we meet, that if a corner stands within 3 feet of where it should we ought to recognize it as a valid corner”.B. F. Dorr 1886“In considering this case you will probably conclude that surveying affords an opportunity for the exercise of skill, research, judgment, and common sense: that the ability to run a straight line is not sufficient – you must know where to run it”.B. F. Dorr 1886

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Reference Material

• J. Barry Love, Ph.D. The Colonial Surveyor in Pennsylvania ISBN 0‐9701352‐0‐3

• Edmund R. Kiely, Surveying Instruments, Their History and Classroom Use2nd Edition

• Catharine Van Cortlandt Mathews, Andrew Ellicott, His Life and Letters1908

• Edward Nicholson, Men and Measure, a History of Weights and Measures1912

• Milton Denny, Surveying the Land, Distance Measuring Devices 1620 to 1920 ISBN 1‐4276‐0497‐5

• Andrew Lamb, Andrew Lamb’s New Method of Finding the Longitude 1754• John Hammond, The Practical Surveyor London 1765• Charles F. Smart, The Makers of Surveying Instruments in America Since

1700 Regal Art Press 1962• Nicholas B. Wainwright, Plan of Philadelphia, The Pennsylvania Magazine

of History and Biography LXXX, No. 2 (1956) Pages 164‐226 • Louis Karpinski, Bibliography of Mathematical Works Printed in America

Through 1850 University of Michigan Press 1940

• The Surveyors Guide B.F. Dorr 1886

• Boundaries and Landmarks A.C. Mulford 1912

• Magnetic Surveys Howe & Hurwitz 1964

• Government Surveying Shobal V. Clevenger 1883

• United States Land Surveys John B. Cleary 1936

• Methods of Land Identification M. Gose 1941

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