Specialist surveyors and plenty of civil engineers needs to comprehend the legislation of limitations and the proof valuable for effective and actual boundary choice. This re-creation of the preeminent text/reference at the topic is introduced thoroughly brand new, with new fabric at the use of expertise in surveying and its felony ramifications, using forensic investigative suggestions within the discovery of obscured facts, new case legislation examples all through, and new indicates support illustrate the strategies presented.Content:
Chapter 1 creation (pages 1–12):
Chapter 2 Definition, Scope, and Nature of proof (pages 13–47):
Chapter three phrases as facts (pages 48–71):
Chapter four facts and expertise (pages 72–85):
Chapter five different forms or Species of proof (pages 86–133):
Chapter 6 Calculations and Measurements as proof (pages 134–183):
Chapter 7 Plats as facts (pages 184–206):
Chapter eight proof of Water limitations (pages 207–232):
Chapter nine utilizing ancient wisdom as facts (pages 233–308):
Chapter 10 Recording and retaining facts (pages 309–328):
Chapter eleven techniques for finding limitations defined by way of phrases (pages 329–367):
Chapter 12 unique Surveys and similar Platting legislation (pages 368–384):
Chapter thirteen Unwritten Transfers of Land possession (pages 385–426):
Chapter 14 promises of name and placement (pages 427–443):
Chapter 15 utilizing and realizing phrases in Boundary Descriptions (pages 444–498):
Chapter sixteen expert legal responsibility (pages 499–516):
Chapter 17 specialist Stature (pages 517–533):
Chapter 18 The Surveyor in courtroom (pages 534–563):
Chapter 19 The Surveyor, The legislation, and facts: a qualified courting (pages 564–609):
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Extra resources for Evidence and Procedures for Boundary Location, Sixth Edition
3. A witness false in one part of his or her testimony is to be distrusted in other parts of testimony. 4. Testimony of an accomplice ought to be viewed with distrust and the evidence of the oral admissions of a party with caution. 5. In civil cases, the afﬁrmative of the issue must be proved, and when the evidence is contradictory, the decision must be made according to the preponderance of evidence; that in criminal cases guilt must be established beyond reasonable doubt. 6. Evidence is to be estimated not only by its own intrinsic weight, but also according to the evidence that it is in the power of one side to produce and of the other to contradict.
2-26 Understanding the Law as It Relates to Boundaries and Evidence The surveyor’s responsibility or job is not take verbal evidence to explain the law but to apply the law. There are two areas about which the aspiring student surveyor as well as the experienced registered surveyor should be knowledgeable: the area of boundaries and the area of evidence. Each is separate and distinct. The law is a matter of judicial notice and is gathered from statutes and writings of learned people. As already stated, it is an irrebuttable presumption that everyone knows the law, and this may not be overcome by contrary evidence.
If the surveyor or attorney is trying to prove an issue or a fact, then only those elements that tend to prove the issue are material (Figure 2-2). 2-18 Admissibility, Relevancy, and Conclusiveness of Evidence The purpose of any trial is to determine the truth regarding the issues that are presented by both sides and then make a decision based on the facts. In court, not all evidence is admissible to prove boundary location. Evidence, to be admissible, must be relevant to the issues, competent under established rules of law, and material in the sense of having some reasonable tendency to prove or dispute points in issue and then presented to the trier of fact for its consideration.