2014 Summer Edition - Tennessee Association of Professional

SUMMER 2014
T H E O F F I C I A L P U B L I C AT I O N O F T H E T E N N E S S E E A S S O C I AT I O N O F P R O F E S S I O N A L S U R V E Y O R S
REL ATIONSHIPS
Who you know • What you know
Inside This Issue
TENNESSEE ASSOCIATION OF PROFESSIONAL SURVEYORS
SUMMER 2014
Tennessee Association
of Professional Surveyors
607 W. Due West Avenue, Suite 96
Madison, TN 37115
615-860-9311
Fax: 615-860-7177
E-mail [email protected]
www.taps-inc.com
THE TENNESSEE SURVEYOR is published
four times a year: January, April, July and
October, by the Tennessee Association of
Professional Surveyors (TAPS). Opinions
expressed by individual authors are not
necessarily endorsed by the officers or Board
of TAPS or the editors of this publication. Articles may be reprinted with due credit given
to the author unless otherwise indicated at
the beginning or end of the article.
ADDRESS CHANGES AND
GENERAL BUSINESS
All notification for editorial matters, changes
of address, membership inquiries and general TAPS business correspondence should be
directed to Lori Medley, Executive Secretary,
at the above address.
CONTRIBUTIONS OF MATERIAL
The Tennessee Surveyor welcomes contributions of articles and comments for publication. The editors would appreciate submittals to be typewritten, double spaced, and
preferably only seven paragraphs long (each
paragraph should have a maximum of five or
six sentences). The editors of The Tennessee
Surveyor reserve the right to edit (after author
notification) each article.
DEADLINES
Advertising and article copy deadlines are
December 15, March 15, June 15 and September 15.
ADVERTISING POLICY
Ads should be camera-ready, black and white
POSITIVE PRINT required—ad enclosed in a
boxed line with line included in dimensions.
1/4 page - 5” x 3 1/2” - $80 per issue
1/2 page - 5” x 7 1/2” - $120 per issue
Full page - 11” x 7 1/2” $200 per issue
Business Card - $25 per issue
From the President...........................................................................................................................................................3
New Licensees...................................................................................................................................................................3
Business Is Still About Relationships...........................................................................................................................5
NSPS Announces Results of National Trig-Star Competition.............................................................................5
2014 Golf Event................................................................................................................................................................6
Things That Can Help Different Teams of Land Surveyors Work Together.............................................. 11
A Surveyor’s Responsibility and Possession Boundaries.................................................................................. 12
Low Country Boil........................................................................................................................................................... 14
New Members............................................................................................................................................................... 15
Business Relationships................................................................................................................................................. 16
Trig-Star Scholarship Awarded................................................................................................................................. 18
Coming Events............................................................................................................................................................... 18
Advertisers
Berntsen........................................................................................................................................................................... 15
Crow Friedman Group................................................................................................................................................ 19
Earl Dudley, Inc..................................................................................................................................................................4
Hayes Instrument Co.................................................................................................................................................... 17
Holman’s USA..................................................................................................................................................... 7, 10, 13
Niles Surveying Co., Inc............................................................................................................................................... 15
Precision Products....................................................................................................................................................... 8, 9
Business Members
Assurance Risk Managers.................................................................................................................... 888-454-9562
Berntsen International......................................................................................................................... 608-249-8549
Carlson Software................................................................................................................................... 704-824-7175
Champion Instruments........................................................................................................................ 678-356-2208
Crow Friedman Group........................................................................................................................ 800-595-6526
Deaton’s Geo-Tronics........................................................................................................................... 931-614-0784
Earl Dudley Associates......................................................................................................................... 205-595-9500
GRW Aerial Surveys............................................................................................................................. 502-489-8484
Hayes Instrument Company.............................................................................................................. 931-684-0555
Holmans USA.......................................................................................................................................... 505-550-8928
Leica GeoSystems.................................................................................................................................. 770-326-9500
Precision Products................................................................................................................................. 502-572-7747
Southern Resources Mapping........................................................................................................... 205-333-9900
Smart Vent............................................................................................................................................... 877-441-8368
That Cad Girl.......................................................................................................................................... 919-417-8351
Trimble..................................................................................................................................................... 303-635-8419
Tuck Engineering................................................................................................................................... 276-523-4669
More information available at www.taps-inc.com Business Member link
2014 Executive Committee
President
President-Elect
VP/Conference Chair 2015
Secretary/Treasurer
Past President
Jimmy Cleveland - Brighton
Andrew Stokes - Clarksburg
Aaron Sams - Strawberry Plains
Mario Forte - Chattanooga
Benny Moorman - Knoxville
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
The Tennessee Association of Professional Surveyors (TAPS) is dedicated to
preserve and promote the education and advancement of the profession.
2
From the President
BY JIMMY L. CLEVELAND, RLS, PLS
T
hings have been running rather smoothly since our last meeting at the Spring Convention. Things have calmed down a
great deal since the convention and the end of the legislative
session.
The Executive Committee has been busy reviewing and working on the proposed budget for the next fiscal year, reviewing and
working on getting ready for the next fiscal year. As many of you
have probably heard, the proposed legislation regarding a change
in the licensing requirements passed and is now in effect. The new
forms for the Realtors Contract have been printed and will be in
use in the very near future.
Mr. Benny Moorman was invited and presented a PowerPoint
presentation to the Tennessee Register of Deeds Association
regarding the exempt plat situation (available on TAPS website).
This issue is expected to come up again in the next legislative session. We will need to prepare for a grassroots effort to inform our
legislators how that could adversely
affect our clients. I had hoped to assist
Mr. Moorman with the presentation;
unfortunately, I had a scheduling conflict and was unable to attend.
I had the opportunity to attend the
Southeast Chapter’s Crawfish Boil on May 31. A great time was
had by all, and I had the privilege to present Senator Todd Gardenhire with the Legislator of the Year Award.
I have been working with Mr. Chris Billingsley, the chairman of
the Standards of Practice Committee, and I have been researching
the RTK and GPS guidelines that other states have in place either
as a part of their standards of practice or as a policy statement.
Please feel free to contact me at any time of you have any questions, comments, or concerns. It is an honor and privilege to serve
as the President of this great organization. l
See you at the Fall Board of Directors/General
Membership Meeting on September 27, 2014
New Licensees
Who Passed the April 2014 Examination
Joseph E. Ahler, #1434
Wesley E. Griggs, #3014
Bryan Timothy Sauceman, #2846
William Russell Blackwell, #3013
Clinton Tony Head, #2731
Jacob Daniel Schaffner, #2995
Brian Clark Bradford, #2900
William Logan McCraw, #2887
1019 Tanyard Springs Dr.
Spring Hill, TN 37174
4718 Carrington Blvd. SE
Owens Cross Roads, AL 35763
360 Raulston Cove Rd.
South Pittsburg, TN 37380
5630 Darbytown Rd.
Henrico, VA 23231
7158 Hwy. 41A
Pleasant View, TN 37040
2223 Kim Dr.
Clarksville, TN 37043
Jason Wayne Britt, #2904
Collin Joseph Moyers, #2611
Michael Trevor Gorman, #2875
Mark Edward Patterson, #3010
117 Skyline Dr.
Lexington, TN 38351
5248 Ryan Allen Cir.
Whites Creek, TN 37189
8040 Maple Run Ln.
Knoxville, TN 37902
9512 Doewood Ln.
Louisville, KY 40291
3
179 Valley Crest Dr.
Mt. Carmel, TN 37645
PO Box 133
208 Pine Forest Ln.
Fordyce, AR 71742
Wayne Evans Shanks, #2818
Whittenburg Land Surveying
214 E. Stevens St.
Cookeville, TN 38501
Tennessee Association of
Professional Surveyors
is now on Facebook!
"Like" us!
Business Is Still About Relationships
BY BILL BEARDSLEE, PLS, PE, PP
I
bring to you a growing concern about individual communication skills. As the article title indicates, any business source you
choose will indicate that successful business is about relationships.
Field crew production—and profitability—increases when the
crew members (assuming there are crew members) are compatible
and enjoy working together. The same is true of the relationship
between the survey supervisor and the crews or the manager
or owner of the company. These relationships are impossible to
solidify without personal contact.
Client relationships are the same. Nothing will lead to company
success more than long-term client relationships that keep an
incoming flow of work over many years. To preserve those clients,
it is imperative that a close, personal relationship be in place.
These close relationships are also economical: It costs four times as
much to create a new client as it does to keep an existing one.
Those who enjoy surveying and the technical fields are primarily left-brain folks. Personal relationship and communication, rightbrain issues are not usually in their comfort zone. Here is where
my trepidation begins, as technology is not only enabling these
people to avoid enhancing these personal skills but limiting the
amount of contact they have with others that would require those
skills.
This concern began for me with the coming of email and
texting, which are taking large bites from my beloved English
language. I won’t bore you with my rant on schools no longer
teaching cursive. However, at the workplace, emails, texting,
the internet, robotic instruments, etc., are allowing us all to limit
human contact voluntarily and isolate ourselves even more than
the typical left-brain person does.
Consider that a surveyor may receive an order for a survey
by email (from a client or supervisor). The surveyor does deed
research online, does the field work with a robotic total station or
a rover, calculates and drafts the survey on AutoCAD, and then
emails or mails the finished product. An entire project, start to
finish, has just been accomplished without personal contact with
another human being. That, in my estimation, is very scary. We
are voluntarily isolating ourselves with technology. Please keep
in mind that for centuries isolation has been used as a form of
torture.
I imagine everyone has experienced this phenomenon in some
form or another: The person who emails to someone in the next
office rather than walk over and talk, the person who would rather
have a root canal than visit a client, or the manager who distributes
assignments or evaluations by email.
I have had the pleasure and honor of presenting personal communication articles on many topics in the pages of surveying magazines: A journalism approach to pre-proposal meetings, project
milestone meetings, staff meetings, and presentation skills. These
are the skills that a successful professional—in any field—needs in
his or her arsenal. Encourage your staff, and remind yourself, how
important these skills are and make an effort to include them in
the daily routine.
The long-term functioning of an organization within itself and
the ability to satisfy and retain clients depends on quality services
and continuing open, pleasant relationships. Do not let the availability of technology deter you from continuing these long-standing, proven methods toward success. All skilled surveyors can
“walk the walk.” What they need to do now is “talk the talk.” l
Bill Beardslee, PLS, PE, PP is the past president of the New Jersey Society of Professional Land Surveyors and their 2006 Surveyor of the Year.
Reprinted with permission Professional Surveyor Magazine June 2013
NSPS Announces Results of National Trig-Star Competition S
tate competition winners from 37 states participated in the
recent national 2014 Richard E. Lomax Trig-Star finals, sponsored by NSPS. Lomax, the 1992 NSPS President from Michigan,
was a driving force in making Trig-Star a national program. TrigStar begins each year when local surveyors work with teachers
(typically math teachers) in one or more high schools in their
respective communities throughout the U.S. The surveyor gives a
presentation to the students about surveying and its importance
in the world. The students then solve a predetermined math
problem. All local winning entries are compared, and the student
with the highest score achieved in the shortest amount of time is
deemed to be the state winner. State winners then participate in a
second (national) competition. The 2014 national winner solved
the test question correctly in 18 minutes 30 seconds. Several com-
petitors solved the question correctly; therefore, the time element
became the deciding factor.
The 2014 national award winners are: 1st Place – Lubin Deng,
Cherry Creek High School, Greenwood Village, CO (teacher,
Dorothy Dady); 2nd Place – Benjamin Fawcett, New Hanover
High School, Wilmington, NC (teacher, Nicholas Corak); 3rd
Place – Natalie Sanchez, Rochester High School, Rochester, WA
(teacher, Carolyn Johnson). The winning students, and their teachers, receive a monetary award and a plaque recognizing their
accomplishment. NSPS expresses its sincere appreciation to the surveyors who
worked so diligently as local sponsors, and/or as state coordinators. Without their efforts this important program could not continue to prosper. Thanks also to the NSPS Trig-Star committee for
its dedication to the program. l
5
2014 Golf Event
JEFFERY A. MILLER, RLS
T
he 2014 Golf Outing was held on Saturday, March 22 at Indian
Hills Golf Course in Murfreesboro, TN. We had four teams for
the event. Donations came from Hayes Instrument and Precision
Products. The prizes ranged from lounge chairs to gift certificates
to a free one-day use of GPS Network package. All proceeds
went to the Tennessee Surveying Education Foundation, Inc.
We are looking to change things up and would like feedback
on the following:
• Is there interest in a shootout on Saturday after the convention
instead of the golf event?
• Is there interest in the golf event if it were moved to the fall at
the TAPS Board of Directors meeting?
Let us know your comments so we can start planning. All proceeds would benefit the Tennessee Surveying Education Foundation, Inc.
Winners
Overall Team Winner
Team of Larry New, Steve Sanders and
Bennie Wheeler
Closest to the Pin
Matt Frey
Longest Drive
Ryan Wallace
The level fundraiser was a success and the winner was Jim Boyer.
Contact:
Land Surveying, LLC
905 Tusculum Blvd., Greeneville, TN 37745
Phone (423) 787-7878, Fax (423) 787-2018, www.mls-llc.com
6
Things That Can Help Different Teams
of Land Surveyors Work Together
A
survey assignment’s complexity depends on the type of surveys needed, the time required to complete the field work,
and the office time it takes to process the data and generate maps
and plans. It’s not uncommon on large projects to utilize several
different land surveying teams.
When the job calls for more than one survey team, the land
surveyor’s primary intent is to efficiently collect all necessary data.
The challenge, however, is to effectively plan, coordinate, and
manage these teams in such a way to avoid miscommunications
and task redundancy, overlap, and need to re-survey.
at least one of the teams has experience working in the region that
is being surveyed, as they can provide better insight into how to
go about the survey.
Land surveying teams are comprised of a party chief/lead,
and technicians knowledgeable in the specialty (utility, right of
way, seismic, geotechnical, and environmental, boundaries) that
the particular assignment requires. Familiarity with the region,
landmarks, markers, and unique obstacles such as streams, rivers,
rugged terrain and total open space help reduce the potential
for unpreparedness and unnecessary complications. These issues
can include un-calibrated equipment, poor field organization,
slow decision making and problem solving delays. It is also not
uncommon to find a survey team lost en route to a remote jobsite.
When at least one team is experienced working in a particular
region, they are able to communicate and work through the
challenges.
Managing Multiple Land Survey Teams
Land surveyor firms offer a variety of services. For any major
project there is a need for:
• Pre-construction and planning
• Amendments and changes
• Construction • Post-construction
2. Establish Criteria for Plats at the Start of a Project
Preliminary plats are used as a starting point for most projects.
They are considered comprehensive tools and may be changed
during the course of the project. They should contain significant
information to lay out the proposed project. Plat maps should
show:
• As-built geological data and legal descriptions
• Identified boundaries, floodplains, drainage courses, road
accesses, easement, right of way
• Past and proposed site development
• Underground as well as above-ground structures
• Ownership, occupancy, legal rights, third-party rights, claims,
and liens
However, different surveying teams may use different criteria
for each of the plats that they create. This can create confusion
and miscommunication when information needs to be compared
between plats from two different teams. If you are bringing in
multiple survey teams, make sure to establish the criteria for the
plats early on to prevent this confusion.
Within any project phase there are needs to simultaneously
provide layout, staking and control services:
Permits: Accesses, drainage and pipeline crossings, river and
stream diversions, relocations
Environment Concerns: Pre-construction and construction
delineation and mitigation
Site Design/Earthwork: Boundary lines and plats, well pads,
staging, building, production
Layout and Control: Grade, pipe and pipeline bridges, structure and equipment foundations
Geotech Data: Borrow sites, volume calculations, bearing
capacity, slope stability
Post-construction: As-builts, claims
Criteria for Survey Team Management
Utilization of the latest land surveying technologies and current
software is important to efficiency. Land surveyor teams with better tools are more flexible, mobile, and scalable. The land surveying manager, then, is not as concerned with equipment reliability,
availability, and accuracy, and can focus on deploying teams that
can fully execute their assignment in a timely manner.
There are three basic things that can be done in order to effectively coordinate multiple survey teams and help ensure survey
assignments are completed on time and within budget:
3. Utilize a Project Management System
A project management system is invaluable to project support. A project management system allows different survey teams
to easily share information on a single platform and collaborate
effectively with the client. This improves communication between
teams and creates a single depository of information for them to
put upload data to. This greatly increases the speed from which
the multiple teams work and makes it less likely to have discrepancies between data collected between the two different teams. l
1. Utilize Land Surveyors Experienced In Working
Together and/or Familiar with the Particular Region
When teams have experience working together, there is usually
better communication. This communication is especially helpful if
Reprinted with permission http://info.landpoint.net
11
A Surveyor’s Responsibility and
Possession Boundaries
A
professional land surveyor’s responsibilities in regard to performing a
boundary retracement survey are composed of two dependent parts. First,
the surveyor is required “to follow in the
footsteps of the original surveyor.”1 To be
accurate, the original surveyor’s footsteps,
recognizable in the form of marks and
monuments, are not by themselves determinative unless given recognition in the
description found in the operative2 muniments of title. Accordingly, the surveyor’s
duty may be described as locating the
boundaries that are described in the operative description(s). The second part of
the surveyor’s responsibility is to provide
their client with a defensible professional
opinion on the location of the boundary
(i.e., original footsteps) communicated in a
useful and understandable manner.
Reality often clouds this definition where
lines of possession or occupation differ in
location from the record lines. The situation that often confronts a surveyor is
where the record line, as established by
monuments or measurements obtained
from the operative descriptions, does not
coincide with the occupation lines (fences,
walls, cultivation line, etc.). Where the
lines of occupation differ from the record
boundary, the doctrines of adverse possession, estoppel, practical location, acquiescence, or unwritten agreement could cause
the title or ownership to coincide with the
lines of occupation. Consequently, a few
surveyors take upon themselves the task
of analyzing the extent, nature, and history
of possession to determine if ownership
should conform to the lines of occupation
rather than the record lines. If satisfied,
these surveyors monument the lines of
occupation as the ownership boundary.
In defense of monumenting the lines of
possession, there are countless stories of
surveyors who have devoted considerable
time and resources in an attempt to locate
the boundary described in the records only
to see the courts seemingly ignore their
opinion and adopt the lines of occupation or possession as the boundary. The
question then is whether a surveyor should
take on the responsibility of showing lines
of possession as the ownership boundary
when the surveyor is fairly convinced such
is the case.
There are several arguments offered for
the position that the surveyor should take it
upon himself to recognize the lines of occupation as the boundaries to the property.
First, such actions are relatively easy, inexpensive, and straightforward. Monumenting long-standing lines of occupation generally follows recognized equitable principles without forcing the client to resort to
costly litigation. In many cases, people have
assumed the lines of occupation to be their
boundaries. As a result, there is often less
controversy where lines of occupation are
monumented as the boundaries. The client
often wants the bottom line, the end result.
After paying the surveyor several thousand
dollars, the client does not want to face
the prospect of seeing an attorney and
commencing litigation. Without question,
lines of occupation are often held to be the
boundaries where circumstances dictate.
It follows that in addition to some surveyors, many members of the Bar and other
real estate-oriented professions feel that
surveyors could and should avoid disputes
by expanding their services (or at least their
communications) to a determination of
where the ownership boundary exists. A
great deal of confusion, delay, and disharmony can often be avoided if the surveyor
makes the ultimate determination that the
occupation line is the ownership line and
shows the occupation line as the boundary.
In other words, the surveyor avoids confusion and problems by not publishing as yet
undisclosed and unobtrusive problems that
arise when there is a difference between
the location of the record boundary and
the location of the lines of occupation.
Given these reasons and others, it is
often hard for some surveyors to accept
that a surveyor is without authority and
may be liable for failing to disclose where
the lines of occupation differ from the
location of the boundary as established
12
BY KNUD E. HERMANSEN,
P.L.S., P.E., PH.D., ESQ.
by the operative records. The surveyor
must understand that in these cases the
procedure and who applies the law is just
as important as the facts and circumstances
used in establishing the boundary. Courts
often quote “where the boundaries are is
a question of fact; what are the boundaries is a question of law.” It is the distinction
between fact and law that requires lines of
occupation be litigated in order to be recognized as the boundaries.3 The surveyor,
as a fact finder, ought not to and cannot
decide questions of law. Stated in other
words, a surveyor is well within his purview
in sifting the facts and applying rules of
construction to opine the record boundary
is at a certain location and the occupation
line at another location—but the surveyor
should avoid deciding the ownership
boundary is at the occupation boundary or
that certain improvements across the building set-back line or boundary are there
by parol license or may be maintained by
some equitable doctrine.4 (It should be
made clear that an attorney, well versed in
the law, is in no better a position to decide
on their own motion when the occupation
lines are to be treated as the boundary.)
By way of explanation, consider a related
example of a police officer who has just witnessed a person commit a heinous felony
which the officer knows without question
deserves the death penalty and will probably result in the death penalty. Would
the police officer be justified in shooting
the person without provocation on the
basis of saving the State considerable time,
expense, trouble, and resources only to
have the same result (death by execution)
occur at some later time? The police officer is trained in criminal law, deals with it
on a daily basis, and is licensed to carry a
firearm—surely the officer is prepared to
carry out the eventual court decision. Nevertheless, the obvious answer if justice is to
be preserved is that the police officer may
not shoot the person without provocation.
Furthermore, the prosecuting attorney,
after examining all the facts, is in no better
continued on p. 18
Low Country Boil
BY MARIO FORTE
G
eorge Bernard Shaw, a good Irishman, when discussing communication, is credited to be the first to use
the phrase, “England and America are two countries separated by a common language.” The same could
be said for specialty trades and the layman. We surveyors also have our own language. We say “traverse point,” “prism” and “monumentation.” Unless
the layman hears “nail (that is NOT your corner),” “camera” and “stob,” we may as well be speaking two different languages. The Southeast Chapter of TAPS recently held their second annual Low Country
Boil event, which brought together surveyors, their spouses, friends and family.
When surveyors talk shop, it must sometimes
appear to others that we’ve switched languages.
This brings me to this story I’d like to tell you,
leading up to the Low Country Boil event.
Our Past President, Benny Moorman, was
charged by the TAPS board of directors to
order an award plaque for presentation to
State Senator Todd Gardenhire, who assisted
TAPS in our endeavors with introducing legislation requiring boundary surveys prior to land
transactions.
Two days before the Low Country Boil event, I called Benny to remind him about the event and to see whether he would make it to
Chattanooga. Benny was on vacation and ultimately would not be attending. He forgot that he had the plaque at his office in Knoxville,
and asked me to call Kelley at his office to have it shipped down to Chattanooga in time for the
Boil, where Senator Gardenhire had previously responded to our invitation and intended to be
there. TAPS President Jimmy Cleveland would also be there to present the award to him. I contacted Kelley by phone, told her who I was, and informed her that Benny had a plaque
made up for Senator Gardenhire that I needed shipped overnight to me in Chattanooga. She
asked me if I knew where the plaque was.
I replied that I suspected it was in Benny’s
office somewhere. She told me she would
find it and ship it to me. Three hours later, I received a phone
call from Kelley asking me for the name
of the subdivision, because she could not find the “Gardenhire PLAT” anywhere in
Benny’s office.
To be completely fair to Kelley, I have an Irish accent, and “plaque” sounds
exactly like “plat” over the phone. And who in their right mind would be expecting someone calling a Land Surveyors office looking for a plaque?
We had a good laugh, and the plat/plaque (which was sitting on Kelley’s desk all
along) arrived in time for Jimmy to present the award to Senator Gardenhire at the Low Country Boil.
The low country boil event was hosted by the Southeast Chapter and was held this year
at Earthworx, LLC in Chattanooga. Dixie Brackett, PLS graciously allowed us to use her office
space and parking lot for the event. We had crawfish, shrimp, sausage, corn and potato in the
boil, along with other fixins that made for a hearty and very tasty meal.
We also held the second annual “Race for Freedom” Crawfish Derby. Scott Carter, SE Chapter president, painted numbers on the backs of a few lucky craws. People picked the craws
they thought looked the fastest and the races began. Michael Couillette picked the winner and
won himself a Louisiana Crawfish koozie. All the crawfish that entered the race won their freedom into the nearby detention pond.
continued
14
As they were being released into the wild, I couldn’t help but wonder if in a few years a
marine biologist should stumble across several families of Crawfish in a Tennessee lake, river or
pond, some with painted numbers on their shells, if he or she will think, “How on earth this this
happen?” (or more disturbingly, “why did this
happen?”)
In an attempt to return to the point of this
article, I believe the social aspect of an event
like this is well worth the time and effort that
goes into the preparation. Meeting fellow surveyors in a social environment is a wonderful
way to get to know them and develop lasting friendships, and it helps us learn to communicate with each other. When I call a surveyor in my area for a copy of a survey they did or
request information along a common line, it’s nice to be able to exchange pleasantries first,
and ask them about how they and their family are doing, and then be able to get the information I need from a friend. I’m looking forward to seeing my friends again next year. l
New Members
Britton Elmore
Chattanooga, TN
Paul Moody
Halethorpe, MD
15
Business Relationships
R
LEADERINGSIGHT.COM
esearch shows that even with the best products and business
practices, you still need strong relationships to succeed in this
marketplace. The following is a roadmap to turn personality differences into positive business results.
Respect is at the heart of building business relationships. It is
the glue that holds together the functioning of teams, partnerships
and managing relationships (up and down, peer-to-peer, internally and externally). Respecting the right to differ is a concept
like apple pie and motherhood. We all agree with it, but can we
truly foster it?
The first step is to identify the specific areas of difference.
Many people see things in terms of rights and wrongs. “My way”
is right and therefore “other ways” are wrong. When a situation
is viewed through this lens, a power struggle ensues. However,
when a situation can be seen through the lens of difference and a
position is simply a matter of opinion, not fact, then cooperation
and compromise is possible. Identifying and understanding differences allows people to shift their position to one of compromise
and negotiation. The following steps are the roadmap to success.
Respect leads to accepting a person for what he/she is. Accepting a person where they are creates an environment of trust. Trust
leads to a willingness to be open to new opportunities, new collaborations, new strategies, new ideas, new products.
Once you understand the above, you can use the following list
to avoid power struggles, which drain energy from your effectiveness. Here is our top 10 list for types of differences to look for:
When mutually exclusive values are encountered, collaboration is
not recommended.
All people do not communicate in the same fashion. There are
many inventories available to identify differing styles. Once you
understand a person’s style, this knowledge can lead to respect,
not conflict.
8. Culture of the Country
5. Boundaries
We all have different space needs and boundary needs.
(Boundaries are the limits you place on the behavior of others
around you.) The first step is to be aware of peoples’ boundaries
and then to use this understanding to approach them respectfully. This new behavior often avoids conflict and strengthens
relationships.
6. The Self
Self-respect is a vital and primary building block that supports
the formation of relationships. By being aware of your own needs
and styles you create a healthy foundation, and the ensuing relationships are more solid.
The remaining categories are variations on the theme of Cultural Differences. The need to understand, respect, and integrate
diversity is a must in today’s market.
7. Company Culture
1. Communication Styles
Seasoned employees have come from different companies,
and each company has a culture. This must be identified and
respected in order to insure successful integration into the current
company. This concept is especially pertinent to mergers and
acquisitions.
2. Non-Verbal Communication
With the global nature of our business, employees often come
from different countries, each with a different culture. In order to
successfully integrate multicultural differences, these differences
must be understood, articulated, and respected.
9. Family Cultures
All forms of communication must be considered. This form of
communication is more covert but not any less important. Nonverbal communication includes body language and tone. Nonverbal communication may differ from the verbal. With this additional understanding of what is really being communicated, more
effective collaboration is possible.
The influence of our backgrounds is great. Often we ignore
these differences because they “do not belong in the workplace.”
However, the reality is that people cannot keep who they are out
of the work environment. The key here is to recognize when the
source of the conflict is based on someone’s family/personal issues.
This allows you to choose not to engage in a battle that is based
on their family history. 3. Learning Styles
People learn in different ways. When this concept is in the
forefront of understanding, then communications can be geared
to various styles and will meet with greater success.
10. Individual vs. Team
Balancing the individual’s needs with team needs is always
an interesting dilemma. However, if this healthy balance is not
reached, problems are certain to follow. Taking the time to identify and then address both individual and team dynamics are at
the core of this balancing act. Business success is directly related
to getting this right. l
4. Differing Values
This concept can be a little tricky. While values need to be
identified and respected, there are times when conflicting values
can be so different that they cannot coexist on the same team.
16
Surveyor’s Responsibility, cont. from p. 12
position than the police officer in executing a death sentence. Regardless of the
overwhelming evidence and certainty of
punishment, the procedure of trial must be
followed and the law applied by the court.
What must be realized is that where the
lines of occupation differ from the boundary as located by the record, the marketability of the title is brought into question.
Marketable title is defined as title free and
clear from reasonable doubt as to matters
of law and fact and is not one clouded by
an outstanding contract, covenant, interest, lien, claim of possession, or mortgage
sufficient to form basis of litigation.5 Consequently, title which exposes a person to
litigation is not “good and merchantable”
or marketable if the danger of litigation is
apparent and real, not merely imaginary or
illusory, which may be apprehended upon
the basis of some fact or truth which can
be ascertained with reasonable certainty.6
Consequently, marketable title is title that
is reasonably free from claim by another.7
Where the occupation lines differ from the
record lines, the title is not marketable.8
The surveyor has a responsibility and
the client has a right to be informed where
there is a difference between the record
boundary and other potential claims evidenced by fences or the boundary location
described in the neighbor’s deed. The
practitioner’s portrayal of line of occupation as the boundary may prevent concern
and worry, but the simplistic portrayal
does not cure a problem simply by nondisclosure of the problem. Because there
are conflicting boundaries and improvements, ownership is questionable, subject
to dispute, and the marketability of the title
is put into doubt. The surveyor has a duty
to prepare opinions and communications
that are objective and truthful for the client
and reasonably foreseeable third parties.9
To summarize the surveyor’s responsibility, the surveyor should not take it upon
himself to apply equitable doctrines and
determine when the lines of occupation are
the lines of ownership and show the occupation lines as the boundary. l
1. Rivers v. Lozeau, 539 So.2d 1147, 1151 (Fl.App.
5 Dist.1989); Tyson v. Edwards, 433 So.2d 549 (Fla.
App. 5 Dist. 1983); McKinley v. Hilliard, 248 Ark. 627,
454 S.W.2d 67 (1970).
2. The term “operative” is used to differentiate
between those documents that do not have any
authority by themselves to establish the boundaries. It would be improper to say the boundaries are
those defined by the recorded deeds because many
recorded deeds are written by persons without title
to the land they purport to convey. In other cases,
surveyors prepare inaccurate or erroneous plans that
are recorded. Certainly these documents should
not be determinative of the boundary location by
the fact they are recorded. Consequently, the term
“operative” refers to those documents that emit from
a grantor or other authority that had both the title
Trig-Star Scholarship
Awarded and power to fix a boundary at a particular location
and therefore operate to create an authoritative
boundary.
3. Another method that is also recognized and
preferred is where all the parties in interest join
together in deeds that recognize the occupation lines
as the common boundary. In such cases the occupation lines become the record lines by operative
records.
4. The following quotation has probably been
used in the vast majority of recent Maine Law Court
cases but often denies explanation from laypersons.
Hence the reason for this statement.
5. West, Inc. v. Meadowgreen Trails, Inc., 913
S.W.2d 858 (Mo.App. E.D.,1995); First American Title
Co. of El Paso v. Prata, 783 S.W.2d 697 (Tex.App.-El
Paso, 1989); Lieb v. Roman Development Co., 716
S.W.2d 653 (Tex.App.-Corpus Christi, 1986); Marshall
v. Hollywood, Inc., 224 So.2d 743 (Fla.App. 1969)
6. Stafford v. Bryan County Bd. of Educ., 466 S.E.2d
637 (Ga.App.,1995)
7. Vandervort v. Higginbotham, 634 N.Y.S.2d 800
(N.Y.A.D. 3 Dept.,1995)
8. There is a “reasonableness” standard that must
be applied. A fence one foot off from the record
boundary surrounding a 500-acre farm will not
make the title to the farm unmarketable. However,
the same difference between the fence and record
boundary around a one-quarter acre residential lot
will likely make the title unmarketable.
9. Codified in the Rules by the Maine Board of
Licensure for Professional Land Surveyors, Chapter 5,
§ 2.A.2.c.
Knud is a professor in the College of Engineering
at the University of Maine. He provides consulting
services in the area of alternate dispute resolution,
boundary disputes, easements, and land development.
Reprinted with permission.
Coming Events
S
2014 Surveyors Rendezvous
everal years ago, NSPS established an annual $5,000 scholarship that is available to high school seniors who have at some
point in their high school years participated in the annual NSPS
Trig-Star competition at any level (local, state, national). They are
not required to have won the competition. Applicants must show proof of their plan “to enroll in a college
degree program that leads to either a two-year Associates degree,
or a four-year program leading to a Bachelor’s degree in surveying
and mapping (the Land Surveying Profession).”
Funding for the scholarship is provided by donations, and is
managed by the NSPS Foundation. The NSPS Board of Governors
periodically allocates donations it collects during its semi-annual
meetings to the fund.
The 2014 winner of the scholarship is Matthew Herrell. Matthew attended James Clemens High School in Madison, AL, and
has enrolled in the Surveying and Geomatics program at Troy University located in Troy, AL. The Troy program is ABET accredited.
Surveyors Historical Society
September 17-20, 2014
Mobile, Alabama
www.surveyorsrendezvous.org
TAPS Fall Board of Directors/
General Membership Meeting
September 27, 2014
The Inn at Opryland
Nashville, TN
TAPS 47th Annual Conference & Exhibition
March 11-14, 2015
Embassy Suites
Murfreesboro, TN
18
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Madison, TN 37115-4420
615-860-9311
Fax: 615-860-7177
E-mail: [email protected]
www.taps-inc.com
Sustaining Member – National Society of Professional Surveyors
www.nspsmo.org
Affiliate – American Congress on Surveying and Mapping
www.acsm.net
Lifetime Member – Surveyors Historical Society
www.surveyorshistoricalsociety.com
Tennessee Board of Examiners for Land Surveyors
www.state.tn/us.commerce/boards/surveyors
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