Evidence for Boundary Disputes

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:

1. Visual and unambiguous location of boundary markers or line.
2. Visual and unambiguous location of object in question with respect to boundary line.
3. 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:

1. It has measured locations such as GPS or coordinates from which distances can be derived. Another picture must show the size of the marker so it's unambiguous, or another uncontrovertable measure such as locations of 2 survey points.
2. 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.
3. An aerial photo that can show both the boundary, the measurement points, and the objects.

Procedure:

1. Mark fiducials. Such as a corner marker.
2. Add fiducials that clarify scale by implementing a grid. For example, create physical fiducials at a regular interval, such as a 10, 25, or 50' grid of points. To create a point for aerial viewing, create a point fiducial. For example a 12x12 inch white square with rebar through the middle, punched through a hole into the ground so it doesn't move.
3. Add other fiducials next to the objects in question, such as a 10' long white PVC or 20' long white pvc (2 sections coupled together)
4. Take pictures.
5. For a large area, take multiple pictures, stitch them together.
6. To mark linear boundary, punch T-posts into the

Example

Fenceline, and showing how far excavator tracks went across the boundary on your land, in the presence of survey markers every 100'. No fence exists yet.

1. Punch t-posts into the ground 2"-6" behind the survey markers on your side of the fence.
2. Run a single strand of fence wire between the t-posts
3. Set a 12x12" piece of wood painted white right behind the t-post so it is visible from aerial photographs in case the t-posts with wire are difficult to see. This is a clear aerial fiducial, whose edge is just about at the boundary.
4. Take aerial drone pictures from 50' above or higher, but stay on your land unless you enter public airspace at 500' above the land [1].