What is a Chartered Land Surveyor?
A Chartered Surveyor is professionally qualified member of the Royal Institution of Chartered Surveyors (see www.rics.org.uk). He or she deals with all matters relating to property, the land, and the sea. The RICS encompasses many different specialisations, from auctions and valuation to minerals and mining.
What makes a Chartered Land (or to use the modern name, Geomatics) Surveyor special? The answer is maps and measurement. He is the expert in all forms of measurement, from the mapping of tiny variations in industrial products to the movement of entire continents and the shape of the Earth. Measurement, and the presentation of those measurements, is common to all these applications. In all cases (but in varying proportions) the measurement will involve distance, angles, height, and time. Just as important is the presentation of the results in a way which makes sense of the complex real world. Often this is by means of maps, whether traditional paper plans or modern digital maps on computers, but also with reports and tables of figures. Computers allow a much more flexible way to present results, often by combining different sources of data. An example is the Geographical Information System (GIS), which allows huge amounts of data to be accessible through a computerised map base.
How does this apply to boundary and rights of way problems? Typically the transfer of land is recorded in a conveyance with an attached map, and then registered with HM Land Registry which maintains a Filed Plan for each property. The various maps involved are at a variety of scales and differ hugely in quality and accuracy. Their interpretation can be difficult. The Chartered Land Surveyor can offer expert help in relating what is on the map to the physical features on the ground. He can assist with researching and interpreting old maps to show what the situation was in the past. He may be able to interpret aerial photographs if they are available. It is difficult to bring together all the sources of evidence into a logical and coherent solution, but this a task which Chartered Land Surveyors are well-equipped to deal with. They will have the latest measurement technology to help them, since in many cases a highly accurate survey of the existing physical features will provide a basis for boundary interpretation. Having reached a best estimate of the boundary, it can then if necessary be set out on the ground. Chartered Land Surveyors have many advantages in boundary disputes. Firstly, they are usually seen as being more independent than lawyers, and are legally obliged to look at all the evidence in an impartial manner. Secondly, as measurement specialists they have the skills and technology to deal with complex mapping problems. A well-presented highly accurate computer drawn plan of the site on which the boundary estimates are clearly shown will always carry considerable weight with courts. Finally, while not being cheap, they charge at significantly lower rates than most lawyers. If a land surveyor is brought in at a sufficiently early stage, their clear analysis of the evidence together with a degree of informal mediation can often solve the dispute without the exorbitant costs of going to court.
So remember: if the problem involves maps and measurement, a Chartered Land Surveyor is likely to be the most cost-effective professional to bring in: he is the expert!