SECTION 4 - EVIDENTIARY SEARCH

4.1 Evidentiary Search

The definition of the Practice of Land Surveying in the Registration Law makes no reference to the surveyor’s search for written and physical evidence. This search, however, is indispensable, and an inadequate search is the most common cause of error in relocating boundaries. Any relevant information (e.g., title report) in the possession of the client should be supplied to the surveyor.

Written Evidence
Public Records
The search of public records shall be sufficient in breadth and depth to identify with reasonable certainty
the described location of the client’s boundaries,
any gaps and/or overlaps with the adjoiners’ described boundaries,
apparent errors in the written descriptions of client's boundaries,
rights associated with the property,
restrictions upon the use of the property in the most recent deed, and
the intent of the conveyance.
The search of public records should be extended to all pertinent information
recorded in the Office of the Recorder of Deeds (Plans filed with Deeds, Subdivision Plans, Highway Right-of-way Plans, Railroad Valuation Maps, Recorded Ordinances, Letters of Attorney, Affidavits),
filed in other county offices (Real Estate Assessment Office, Recorder of Wills, Prothonotary, Clerk of Courts), and
kept in state (PennDOT) and municipal offices (City Clerk; Engineering, Planning and Building Inspection Offices).
Private Records
The search shall also be extended to privately held information to which reference is made in public records, notably
subdivision plans,
property surveys, and
private restrictions and agreements, provided, however, that such information is
significant or critical, not merely redundant, and
readily obtainable, i.e. in good time and at a reasonable cost, and with the cooperation of those in possession of it.
The search of private records should ultimately be extended to any and all information indirectly indicated or implied in public and private records, both professional opinion and personal knowledge, that may
aid in any way in the correct location of boundaries, and thereupon,
explicitly or implicitly become part of the public record.
Physical Evidence
Called-for Monuments
Sufficient field investigation shall be conducted to establish
the existence and the condition of monumentation called for in the written evidence,
any discrepancies in the location of the physical evidence compared to the written evidence,
any differences between occupation lines and record boundaries, and
any problematic use of land indicated by the record evidence.
Due care shall be taken in the unearthing of called-for physical evidence to preserve it in place and in good condition.
Uncalled-for Monuments
The reliability of monuments other than those called for in the public record shall be verified by their correlation to
record monuments,
witness monuments cited in record,
record measurements,
other document information,
accepted occupation or possession lines,
parol evidence.
The credibility of such monuments should be based in part on their apparent age and the prevalent practice in a given area.
Commentary:

4.1(a)(1)(A) ALTA/ACSM Land Title Surveys require the client to supply a current title report. It is taken for granted that the surveyor’s search includes a search of both the client’s property and that of adjoiners - immediate and distant, in both place and time, if necessary.

4.1(a)(1)(A)(iv) The reference is to two kinds of rights: 1) rights of ownership, senior and junior, and 2) rights of way, which differentiate properties into dominant and servient estates.

4.1(a)(1)(A)(v) Other restrictions imposed by municipal ordinances or established by other agencies (F.E.M.A., etc.). should be part of the surveyors search whenever required for that particular survey.

4.1(a)(1)(B) The sufficiency of the search differs for each survey. The search must always be sufficiently complete to perform the agreed upon services.

4.1(a)(2)(A) Information actually provided constitutes express actual notice. Information that merely makes reference constitutes implied actual notice. Information that is not actually mentioned, but can be inferred, is constructive notice.

4.1(b)(2)(A)(vi) Parol evidence is a notarized statement confirming the identity or corroborating the location of called-for property monumentation.

4.1(b)(2)(B) Historical and biographical information, even if anecdotal, can on occasion be decisive in determining the credibility of monuments.