2. What is a Survey?

The word survey is derived from an old French word meaning "to look over", and refers to the process of evaluating real property evidence in order to locate the physical limits of a particular parcel of land. The real property evidence considered by the surveyor typically consists of physical field evidence, written record evidence, and field measurements. The surveyor, having made an evaluation of the evidence, forms an opinion as to where he believes the lines would be located if fully adjudicated in a court of law. The typical modern day surveyor sees himself as an expert evaluator of evidence. He strives to arrive at the same opinion of boundary location regardless of whether he was hired by his client or his client's next door neighbor. The surveyor's opinion is founded on experience and applicable legal precedents. Unlike the attorney, the surveyor does not see himself primarily as an advocate for his client.

While land surveying is often associated with engineering, the two professions are distinct. The evaluation of land surveying evidence is not a "science" in the sense that there is one procedure to follow which will yield the "correct" result. Surveyors occasionally disagree on the proper location of a boundary line: not necessarily because one surveyor measures better than the other but more commonly because each surveyor has weighed the evidence differently and has formed different opinions. Just as two lawyers may draw different conclusions from the same line of cases, surveyors may disagree about the appropriate location for a boundary. Being a professional opinion, a survey is subject to review by a court in the event that a boundary dispute reaches litigation. Because a survey is primarily a professional opinion, the attorney should remember that a survey and supporting documentation provided by one professional surveyor may be far superior or far inferior to that provided by another. Almost any field technician with basic training can make measurements with an acceptable degree of precision and replicability. In those instances in which locating the bounds of a land parcel requires an extensive amount of evidence evaluation, an individual with the requisite amount of education, knowledge, and experience should be employed to competently accomplish the survey.