Evidence for Boundary Disputes
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Issue: parties do not agree which side of the boundary line something is. Simple solution is survey and markers. However, in practice, that must STILL be defended. Thus:
What constitutes uncontrovertible evidence for an object's location with respect to a boundary?
This is an important question. It is not enough to say, here is the boundary, here is the object. For locating an object, measurements must be included. Clear proof must include:
- Visual and unambiguous location of boundary markers or line.
- Visual and unambiguous location of object in question with respect to boundary line.
- Visual and unambiguous location of a measurement device with respect to boundary markers and the object in question.
This is difficult with a single picture. A single picture is important if it saves time to communicate information, and if provides immediate clarity. A single picture could do this if:
- It for example has measured locations such as GPS or coordinates from which distances can be derived
- A clear representation of a distance. For example, a reference marker such as a 10' pole or 20' PVC pipe would work. Something that can be verified beyond reasonable doubt.
- An aerial photo that can show both the boundary, the measurement points, and the objects.
Procedure:
- Mark fiducials. Such as a corner marker.
- Add fiducials that clarify scale. For example, create physical fiducials at a regular interval, such as a 10, 25, or 50' grid. For example, a 12x12 inch white square with rebar through the middle, punched through a hole into the ground so it doesn't move.