Adverse possession describes a timed sequence of events that can lead to “Trial to Try Title.” If all the specified criteria are met for the specified times, the rightful title holder can be barred from displacing the person who currently possesses the property.

One of the criteria is that a definition of the boundaries must be evidenced from the facts of the possession. For instance, a common locative element is a fence that will turn cattle. The surveyor’s ability to distinguish an occupational boundary from a record boundary location can be critical to the outcome of a trial. Andy Sikes is expert at identifying an open and notorious boundary.

Boundary disputes can arise out of ignorance or willfulness. If willfulness is a byproduct of misunderstanding a boundary location, it can be possible to reconcile relationships between neighbors in conflict. Surveyors are not lawyers, nor are they psychologists, but they can help provide a level of certainty about boundary location. When two or more surveyors disagree on the location, third-party experts may be able to help. Andy Sikes is expert in helping to reduce ignorance and misunderstanding of boundary locations.

Both governments and common carriers can condemn private property in Texas. Part of the condemnation process involves identifying the effect of the boundary location on the highest and best use of the land to be condemned and the remainder parcels. Andy Sikes can assist in identifying the impact of the boundary of a proposed public taking by providing survey-related data and interpretation.

Construction defects can be caused by any number of failures in professional practices. When the root cause of a defect is negligence in surveying practices or incomplete data, Andy Sikes can assist in identifying and describing the error and establishing who was responsible for the construction failures. He can also assist with Certificates of Merit when required.

Crime scene investigation is a broad field that includes specialties such as jurisdictional location and proximity of objects. A surveyor’s role in these processes must align with their specific expertise and experience. For example, in addition to land and boundary surveying, Andy Sikes is also an expert at identifying and quantifying the physical proximity of objects based on engineering and geometry. His knowledge and experience with digital imagery and physical relationships facilitated a conclusion in one case that a client’s facilities could not have contributed to a deadly accident.

The Texas Engineering and Land Surveying Practice Act and Rules require surveyors to “Rely on the appropriate deeds…including those for adjoining parcels for the location of the boundaries of the subject parcel(s).” 22 Tex. Admin. Code §138.85 (2019)

The documents required to satisfy this regulation are never provided to a surveyor by a title company as part of their title policy documents. Many commercial title companies won’t even provide this service when asked. To follow the rule, the surveyor has to research the deed records of the County Clerk in the county where the property is located. And even then, the necessary data might not be in any of the deeds listed in the chain of title for a parcel. The boundary could be defined by someone else’s deed. It takes persistence and understanding to interpret the deeds and know where to look next.

Andy Sikes is an expert at researching deeds, plats, and other documents that define the elements to locate a land boundary.

Easements are a nonpossessory right to use the land of another. They are often legally characterized as “in gross” or “appurtenant.” Physically, easements can be characterized as “underground, surface, or aerial” or some combination of these features. An easement that denies access to a right of way is known as a “negative easement”. A special case is the “blanket or over and across” easement. All of these types of easements have identifiable boundaries. The rights granted in the easement are a matter of contract or law. The location of their boundaries is a matter of surveying. Andy Sikes is expert at converting the concepts in a conveyance to an actual boundary location.

“Title” is the union of all the elements that give rise in common law to the ownership of an asset. Current ownership of land is defined by its “chain of title.” A thorough survey will evaluate the chain of title and determine how it impacts physical limits or boundaries. Each element in a chain of title must be evaluated, and where those elements diverge the surveyor must report the conflict and suggest which element holds the higher dignity. The surveyor will also evaluate the boundary elements of adjacent properties. Often an adjoining property deed will describe the line in a different location or having a different characteristic. Andy Sikes can help identify the variations in the boundary descriptions and determine the impact the variations could have on the use of the land.

In Texas, mineral rights can be and often are severed from surface rights. When separated from surface rights, mineral rights become a dominant estate, which can significantly impact the use and value of the surface land—especially if the boundaries of mineral rights and surface rights do not align exactly. Title insurance policies typically don’t attempt to report the location of mineral rights boundaries, even if the policy mentions a specific lease. Andy Sikes has experience identifying where a mineral rights boundary does not coincide with the boundary of the surface rights.

Railways and highways crossing or adjoining real estate can create unique circumstances for property owners. They often interfere with the use and enjoyment of land, as well as bringing increased value to other users of the property. Andy Sikes can assist in identifying the location of right-of-way boundaries, the existence/location of unused roadways, and the existence/location of rights to access or cross railways and highways.

A right of way is an easement, either in gross or appurtenant, that is typically granted or acquired for the transportation of people, goods, or utilities.  The boundary of the right of way can be defined by the limits of government maintenance or by a specific definition in a granting document. A surveyor can supply the locative facts that determine the character and location of a right of way. Andy Sikes is expert in defining the location of rights of way.

In 1676, English courts were overburdened with disputes arising from verbal transactions conveying commodities and real estate. To relieve the courts, Parliament passed a law that all transactions had to be commemorated in writing and signed by the parties, stating the compensation and describing the asset to be conveyed along with other details. This requirement for a written description of land saw the beginning of the modern profession of land surveying. Today most, if not all, English-speaking jurisdictions have Statutes of Frauds. Subsequently, many land descriptions can be understood only by surveyors and others require legal determinations to locate. In Texas, there are at least five Statutes of Frauds, including one specifically dealing with real estate. Andy Sikes can assist with navigating and interpreting Statute of Frauds requirements.

In Texas, mineral rights can be and often are severed from surface rights. The boundaries of surface rights may change over long period in time. Multiple parcels subject to differing mineral rights could be combined into a single parcel. Many times, the changes in surface boundaries do not affect the location of mineral rights. Andy Sikes can assist in identifying where mineral rights differ from the boundaries of surface rights.

Negligence is an act or omission that is less than what a professional would reasonably do in similar circumstances. The definition of negligence is a matter of law. The limits of minimum effort are defined by the “normal behavior” of “reasonable professionals.” This limit is recognized by the participants, and it can be difficult to define, especially from outside the context of the profession. Andy Sikes can help identify the differences between sloppy surveying and actual negligence, along with the impacts of both.

Riparian and littoral boundaries are physically and legally complicated. The legal impact of land covered by water in Texas is defined by the laws of the “sovereign” that granted the land to a private party. The laws of Spain, Mexico, the Republic of Texas, and the State of Texas are not the same. But generally the laws and grants of prior sovereign authorities have been honored in establishing the title and location of land grants. Today, the State of Texas claims the exclusive right to define the legal characteristic and location of the boundary of navigable rivers, bays, and oceans within its boundaries. However, where oil and gas are involved, this is often contested, for instance in matters concerning the location of the south bank of the Red River. Andy Sikes is an expert in these matters.