Boundaries and the common law

Campbell, Glenn (2013) Boundaries and the common law. In: Graduate Surveyors Weekend Seminar 2013, 4-6 Oct 2013, University of Southern Queensland.

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Abstract

By now most graduates have been introduced to the concept of cadastral reinstatement and the dominant role that the courts play in the determination of boundaries. The power to define boundaries rests with the courts, not the surveyor. The task of a surveyor is to describe the
existing boundaries by collecting sufficient evidence and then interpreting the evidence in a way that is consistent with the precedent set by previous court decisions. In much the same way as Tolstoy described families, (All happy families are happy alike, all unhappy families are unhappy in their own way) boundary surveys where the physical evidence fits the documentary evidence are all straightforward, but surveys where the physical evidence
doesn't fit are all different. This means rather than apply rote solutions learned by rote surveyors have to apply general principals, laid down by the courts, to arrive at the solutions that they think a court will most likely agree with them.


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Item Type: Conference or Workshop Item (Commonwealth Reporting Category E) (Paper)
Refereed: No
Item Status: Live Archive
Additional Information: This publication is copyright. It may be reproduced in whole or in part for the purposes of study, research, or review, but is subject to the inclusion of an acknowledgment of the source.
Faculty / Department / School: Current - Faculty of Health, Engineering and Sciences - School of Civil Engineering and Surveying
Date Deposited: 14 Oct 2014 23:45
Last Modified: 27 Sep 2017 03:11
Uncontrolled Keywords: cadastral reinstatement; boundaries; cadastral surveying
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180124 Property Law (excl. Intellectual Property Law)
09 Engineering > 0909 Geomatic Engineering > 090906 Surveying (incl. Hydrographic Surveying)
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/26050

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