What Constitutes "Establish"

[Ben Lund]

Recent posts on multiple threads have caused me to think about what the board means when it uses the term "establish."

Recent posts from Evan and Jim Frame seem to take the stance that you are only establishing a boundary line if you are performing a field survey to the current industry standards for:
1. Research
2. Measurement
3. Presentation (deliverable) to client or others
4. Etc?

I see the logic of "How are you expected to file a record of survey if you didn't do a field survey to record of survey standards?"

So if you can write a setback certification letter by pacing or Google Earth, then you are not establishing a boundary line. Thoughts?

[Jim Frame]

BPELS Policy Resolution 96-03 states at its core:

A licensed land surveyor or registered civil engineer establishes, and is subject to the record of survey filing requirements, when he or she represents beyond reasonable doubt or dispute the location, relocation, establishment, reestablishment or retracement of a boundary or property line to another party pursuant to the provisions of Section 8762 of the (PLSA). This representation includes the act of causing a boundary or property line to be accepted or recognized, to prove or demonstrate the location of the boundary or property line, the setting, resetting or replacement of corner, reference or witness monuments or the referencing of a boundary or property line by showing dimensional ties to the line in relation to physical features or monuments located on the ground.

Although all Policy Resolutions were formally withdrawn in response to a challenge to their legality, they nevertheless reflect the thinking of the Board at the time of promulgation. In my opinion, stating that an improvement is not less than a specified distance from a property line does not meet the definition of "establish" as set forth above.

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[Josh Tatman]

BPELS Policy Resolution 96-03 states at its core:

See attached for the full policy. As Jim mentioned these have been rescinded, but they give you the idea of the boards policy/opinion on the subject.