About this course
Describe the differences between being a “professional” and a mere “technician”, including the importance of knowing the laws that affect the practice of land surveying, including but not limited to, property boundary law, relevant administrative law, contracts, torts, remedies and imitations on liability.
Learning Objective #2
Identify technical standards and standards of practice really required of the professional land surveyor.
Recognize known pit-falls and advantages of providing expert witness testimony, including what will be required and what is not required of the land surveyor.
Identify key components of professional services contracts and the differences between these types of contracts and non-professional services contracts, including liability that can arise under contract and ways to limit liability under contract.
Summarize the key risks of tort liability, including the various torts that the land surveyor can commit during the course of providing professional services.
Explain the limitations on liability, applicable statutes of limitation, the “discovery rule” and its application to statutes of limitations, and the difference between “statutory repose” and the “rule of repose.”
Describe the difference between the law and equity, and the importance this difference makes with regard to their professional practice.
Learning Objective #8
Recognize key recording statutes and the meaning of real property title.
Recite the elements of deeds and how real property is conveyed and when it’s not, and the consequences relative to the professional surveyors practice.
Learning Objective #10
Summarize the association, consequences and relationship between the conveyance of real property, simultaneously created properties, junior-senior conveyances, and occupational rights.
Learning Objective #11
Recognize the difference between title to property (the legal question) and the location of that property on the ground (the fact question).
Learning Objective #12
Describe adverse possession and the role it plays with regard to the two-part question, and the affect adverse possession has on the land surveyor’s professional practice.
Recite the six primary boundary establishment doctrines, how they apply, when they apply, and how to apply them in practice. The six primary boundary establishment doctrines being: The Common Grantor Doctrine; The Doctrine of Monuments; Boundary by Acquiescence; Boundary by Oral Agreement; Boundary by Practical Location; and Boundary by Estoppel.
Describe how and why monuments play such a significant role in the establishment of property boundaries, including when monuments do not play a role in the establishment of property boundaries.
Learning Objective #15
Summarize little known and little discussed requirements for surveying within the Public Land Survey System (PLSS).
Assess the original intent of the original developer (the federal government) under the PLSS, and the consequences this has on the original surveys under the system and subsequent resurveys conducted by the modern-day practitioner.
Learning Objective #17
Conduct resurvey in the PLSS, with an understanding of the evidence standards and the affect they have on retracement surveys, and what “best available evidence” means and how to recognize it.
Compare and contrast lost, obliterated and existent corners under the PLSS, including how the further subdivision of the sections took place and the significance this has on modern-day practice.
Describe evidence and procedures relative to boundary retracement surveys, including how to gather evidence, how to weigh evidence, and then how to render a well-reasoned opinion on the only questions open to the land surveyor—the location question.
Learning Objective #20
Recite proper procedure for the execution of surveys in the “lot and block” and “metes and bounds,” context, including pit-falls associated with preparing and performing an ALTA/ACSM Land Title Survey under the 2011 revised standards.
Apply knowledge gained in the course to six fresh court cases. Take and pass a final examination consisting of 20 hypothetical questions based on the scenarios taken for the final six case studies.
Course outline
Welcome • 2 assignments
Orientation Materials
- Learning Objectives and Course Description (.pdf)
- test (.pdf)
Module 1 • 13 assignments
Boundary Surveyor's Duties & Responsibilities
Professionalism,
Knowing the Law,
Boards of Administration,
Technical Standards/Standards of Practice,
Expert Witness Testimony,
The Land Surveyor’s Sacred Trust
- Week 1 - Welcome (15:46 minutes) Preview
- Week 1 - Lesson 1 - Introduction (01:07:52 hours)
- Week 1 - Lesson 2 - Professionalism (59:06 minutes)
- Week 1 - Lesson 3 - Expert Witness (44:27 minutes)
- Handout: Week 1 - Lesson 1 (.pdf)
- Handout: Week 1 - Lesson 2 (.pdf)
- Handout: Week 1 - Lesson 3 (.pdf)
- Case Study: Week 1 - Case 1 (.pdf)
- Case Study: Week 1 - Case 2 (.pdf)
- Case Study: Week 1 - Case 3 (.pdf)
- Case Study: Week 1 - Case 4 (.pdf)
- Reference: Week 1 Test (.pdf)
- Test: Take the Week 1 Test
Module 2 • 12 assignments
Liability & Limitations on Liability
Professional Negligence,
Torts,
Standard of Care,
Statutes of Limitation,
Discovery Rule,
Repose
- Week 2 - Lesson 1 - Contracts (01:03:48 hours)
- Week 2 - Lesson 2 - Liability (01:04:54 hours)
- Week 2 - Lesson 3 - Limitations (01:02:15 hours)
- Handout: Week 2 - Lesson 1 (.pdf)
- Handout: Week 2 - Lesson 2 (.pdf)
- Handout: Week 2 - Lesson 3 (.pdf)
- Case Study: Week 2 - Case 1 (.pdf)
- Case Study: Week 2 - Case 2 (.pdf)
- Case Study: Week 2 - Case 3 (.pdf)
- Case Study: Week 2 - Case 4 (.pdf)
- Reference: Week 2 Test (.pdf)
- Test: Take the Week 2 Test
Module 3 • 12 assignments
Property Rights and Title to Property
Statute of Frauds,
Recording Statutes,
Real Property Title,
Deeds and Conveyances,
Simultaneously Created Properties,
Junior and Senior Rights,
Occupational Rights
- Week 3 - Lesson 1 - Law and Equity (01:04:14 hours)
- Week 3 - Lesson 2 - Deeds and Conveyances (01:07:39 hours)
- Week 3 - Lesson 3 - Junior and Senior Rights (01:10:12 hours)
- Handout: Week 3 - Lesson 1 (.pdf)
- Handout: Week 3 - Lesson 2 (.pdf)
- Handout: Week 3 - Lesson 3 (.pdf)
- Case Study: Week 3 - Case 1 (.pdf)
- Case Study: Week 3 - Case 2 (.pdf)
- Case Study: Week 3 - Case 3 (.pdf)
- Case Study: Week 3 - Case 4 (.pdf)
- Reference: Week 3 Test (.pdf)
- Test: Take the Week 3 Test
Module 4 • 12 assignments
The Boundary Establishment Doctrines
Adverse Possession,
The Common Grantor Doctrine,
The Doctrine of Monuments,
Boundary by Acquiescence,
Boundary by Oral Agreement,
Boundary by Practical Location,
Boundary by Estoppel,
Monuments and Corners
- Week 4 - Lesson 1 - Law and Fact (01:01:40 hours)
- Week 4 - Lesson 2 - Acquiescence (01:02:03 hours)
- Week 4 - Lesson 3 - Monuments and Corners (01:12:53 hours)
- Handout: Week 4 - Lesson 1 (.pdf)
- Handout: Week 4 - Lesson 2 (.pdf)
- Handout: Week 4 - Lesson 3 (.pdf)
- Case Study: Week 4 - Case 1 (.pdf)
- Case Study: Week 4 - Case 2 (.pdf)
- Case Study: Week 4 - Case 3 (.pdf)
- Case Study: Week 4 - Case 4 (.pdf)
- Reference: Week 4 Test (PDF) (.pdf)
- Test: Take the Week 4 Test
Module 5 • 12 assignments
The Public Land Survey System
Original Surveys Generally,
Good Faith and Bona Fide Rights,
Retracement Surveys,
Evidence Standards,
Best Available Evidence,
Lost and Obliterated Corners,
The Further Subdivision of the Sections
- Week 5 - Lesson 1 - Original Intent (01:11:26 hours)
- Week 5 - Lesson 2 - Retracement (01:05:59 hours)
- Week 5 - Lesson 3 - Evidence (01:05:27 hours)
- Handout: Week 5 - Lesson 1 (.pdf)
- Handout: Week 5 - Lesson 2 (.pdf)
- Handout: Week 5 - Lesson 3 (.pdf)
- Case Study: Week 5 - Case 1 (.pdf)
- Case Study: Week 5 - Case 2 (.pdf)
- Case Study: Week 5 - Case 3 (.pdf)
- Case Study: Week 5 - Case 4 (.pdf)
- Reference: Week 5 Test (PDF) (.pdf)
- Test: Take the Week 5 Test
Module 6 • 13 assignments
Other Survey Systems
Lot and Block Surveys,
Metes and Bounds Surveys,
Apportionment – Prorated and Proportionate Measurements,
Right of Way Issues,
ALTA/ACSM Land Title Surveys
- Week 6 - Lesson 1 - Procedures (01:06:59 hours)
- Week 6 - Lesson 2 - Apportionment (01:14:23 hours)
- Week 6 - Lesson 3 - ALTA Surveys (54:36 minutes)
- Handout: Week 6 - Lesson 1 (.pdf)
- Handout: Week 6 - Lesson 2 (.pdf)
- Handout: Week 6 - Lesson 3 (.pdf)
- Case Study: Week 6 - Case 1 (.pdf)
- Case Study: Week 6 - Case 2 (.pdf)
- Case Study: Week 6 - Case 3 (.pdf)
- Case Study: Week 6 - Case 4 (.pdf)
- Case Study: Week 6 - Case 5 (.pdf)
- Reference: Week 6 Test (PDF) (.pdf)
- Test: Take the Week 6 Test
Module 7 • 10 assignments
Case Studies + 40-Question Exam
- Week 7 Case Study Review (01:59:00 hours)
- Handout: Week 7 Case Study Review (.pdf)
- Case Study: Week 7 - Case 1 (.pdf)
- Case Study: Week 7 - Case 2 (.pdf)
- Case Study: Week 7 - Case 3 (.pdf)
- Case Study: Week 7 - Case 4 (.pdf)
- Case Study: Week 7 - Case 5 (.pdf)
- Case Study: Week 7 - Case 6 (.pdf)
- Reference: Final Exam (PDF) (.pdf)
- Final Exam: Take the Final Exam
Conclusion • 4 assignments
Feedback and Additional Resources
- 1 Year of Access to Course Materials
- Feedback: 2-minute Exit Survey
- Consider Joining as a HeatSpring Member
- Certificate of Completion: Request a Certificate
Continuing Education Units
Approved for the following CEUs
- 35 Continuing Education Credits for Florida Surveyors and Mappers
- 16 Texas Board of Land Surveying Credit Hours
- 35 Professional Development Contact Hours
Author
Jeff Lucas
Jeffery N. Lucas is in private practice in Birmingham, Alabama. Lucas has been in the surveying business since 1976. He is a licensed land surveyor registered in Alabama, Florida, Georgia, Mississippi and Tennessee. Lucas is a licensed attorney and member of the Alabama State Bar since 2003. Lucas specializes in land boundary issues as an attorney, land surveyor,...