Real-Life Communication
Land surveying may be very technical, but land surveyors also have
to know how to deal with people. Land surveyor Jamie Clow says one of the
most difficult things for a land surveyor is when you are asked to settle
a dispute.
"A big part of it is how you can deal with people who are
mad at each other. Someone will come to you saying they're having a fight
with their neighbor and they want you to show them where the line is," he
says.
"You have to talk calmly to them. You don't want to end
up shouting yourself. There are some people who actually believe, 'I'm
the one paying for the survey, I should get what I want.' The line is
where it is -- no matter who asks for it. I'd say the same thing if the
neighbor had hired me."
You run a small surveying company in a rural
area. A beef farmer named Sue Douglas has hired you to survey her land. She
has been arguing with her neighbor, John Higgins, ever since (and probably
before) she put up a fence on what she took to be the dividing line between
a section of her property and a section of his.
Although they agree
on the placement of the north dividing post between their properties, Higgins
has a deed that indicates a monument marking the southern division between
his property and hers.
This monument, a stake tied to a white oak tree
and surrounded by a ring of stones, was set with the original survey in 1861
and then found to still exist in another survey in 1915. This monument is
six acres from the south end of the fence Douglas has put in place and shows
more of the land as belonging to Higgins.
When you examined the land
you found evidence (a stump and some stones) to show that the monument referred
to in Higgins' deed still exists. This means that legally, Douglas must
move her fence. She isn't going to be happy to hear this. So you decide
to carefully plan what you will say to her.
This is what you need to
communicate:
- You have found the monument referred to in the Higgins deed. It is valid.
- This is not anything personally against her. You have simply found a physical
marker. Although she was the one who hired you, it is your professional duty
to determine the dividing line as it exists. Sometimes this may not seem fair,
but physical boundaries that have been acknowledged and accepted in the past
must be adhered to. This prevents further disputes. Plus, it is the law in
your area.
- If she does not move her fence, Higgins will have grounds on which to
sue her. Moreover, your report can be used to prove that Higgins' deed
shows a valid monument. She will likely lose this case.
- It will be cheaper for her to accept the physical evidence.
- Higgins has suggested that he might be willing to sell the land on the
other side of the fence, rather than force her to move the fence. Otherwise,
he insists that the fence be moved so he can continue to make use of all his
land.
Write down what you might say to Douglas to break it to her gently.