DE Land Surveyor common mistakes
DE Land Surveyor · Understand the traps and how to avoid them.
Applying the wrong version of the minimum standards for property boundary surveys (e.g., using an outdated edition or confusing state-specific rules with general practice).
Candidates often memorize a single set of standards from study materials without verifying the current adopted version or recognizing that standards vary by jurisdiction and project type.
What to do instead
Obtain the exact adopted standards document (e.g., from the state board website) and create a checklist of requirements for each survey type. Practice applying the correct version to scenario-based questions, noting effective dates and amendments.
Failing to correctly prioritize boundary evidence according to the hierarchy of evidence (e.g., placing undue weight on measurements over monumentation).
Candidates may rely on mathematical closure or record distances rather than understanding the legal principles of boundary retracement, such as original monuments controlling over subsequent measurements.
What to do instead
Study the hierarchy of evidence (natural monuments, artificial monuments, courses and distances, area) and work through case law examples. Practice ranking evidence in hypothetical boundary disputes and justify the order.
Misinterpreting the role of professional ethics and licensure rules, such as responding to unethical requests or failing to recognize conflicts of interest.
Candidates may treat ethics as common sense and not review the specific board rules, leading to errors in scenario questions about client pressure, advertising, or competence.
What to do instead
Review the state board’s rules of professional conduct and the NCEES Model Rules. Analyze case studies of ethical dilemmas and identify the correct action based on explicit rules, not personal judgment.
Incorrectly applying the principles of the Public Land Survey System (PLSS), such as misidentifying aliquot parts or misunderstanding the rules for subdivision of sections.
Candidates may memorize basic PLSS layout but struggle with irregular sections, fractional lots, or the order of operations for subdivision, especially when dealing with government lots or meander lines.
What to do instead
Practice subdividing sections with various irregularities using the BLM Manual rules. Focus on the sequence of steps (e.g., running centerlines, then quarter-quarter lines) and the treatment of excess or deficiency.
Overlooking the need to verify the accuracy and reliability of record data, such as assuming recorded plats or deeds are error-free.
Candidates may take record information at face value without cross-checking for inconsistencies, leading to incorrect boundary determinations in scenario questions.
What to do instead
Develop a habit of cross-referencing multiple sources (deeds, plats, field notes) and checking for closure errors or contradictions. Practice identifying red flags in record documents.
Misapplying the statute of limitations and adverse possession principles, such as incorrectly calculating the required period or misunderstanding the elements.
Candidates may confuse the elements of adverse possession (actual, open, notorious, exclusive, hostile, continuous) or misapply the statutory period, especially when tacking is involved.
What to do instead
Memorize the elements and typical statutory periods. Work through scenarios where possession changes hands or where the nature of use is ambiguous, and determine if the elements are met.
Failing to recognize the importance of proper monumentation and perpetuation of evidence, such as not setting durable monuments or documenting their location.
Candidates may focus on measurement accuracy and neglect the legal requirement to set monuments that will endure and be discoverable by future surveyors.
What to do instead
Study the state standards for monument type, placement, and documentation. Practice writing monument descriptions and creating ties to offsite references.
Incorrectly handling easements and rights-of-way, such as misidentifying the type of easement or misunderstanding the rights of the dominant and servient estates.
Candidates may not distinguish between easements appurtenant and in gross, or between prescriptive and express easements, leading to errors in boundary and title questions.
What to do instead
Review easement classifications and creation methods. Analyze case law examples to determine the scope and extent of easements, and practice drawing diagrams to visualize rights.
Neglecting to consider the impact of water boundaries and riparian rights, such as applying the wrong rule for navigable vs. non-navigable waters.
Candidates may not be familiar with the legal doctrines governing water boundaries (e.g., ordinary high water mark, thalweg) and how they affect property lines.
What to do instead
Study the state-specific rules for water boundaries, including definitions of navigability and the applicable legal tests. Practice applying these rules to scenarios involving accretion, reliction, and avulsion.
Misunderstanding the role of the surveyor in the legal process, such as offering legal opinions or failing to recognize when to consult an attorney.
Candidates may overstep their professional bounds by interpreting legal documents or resolving title disputes, which is outside the surveyor’s scope.
What to do instead
Clarify the boundary between surveying and legal practice. Review board rules and case law on unauthorized practice of law. Practice identifying when to refer a client to an attorney.