Isn't what John means is that the surveyor is more or less the reference standard or professional that provides a service, a survey that the judge will use in his decision, when and if a claim is presented.
One surveyor may differ from another, errors are common, miscalculations, it seems precise, and can be, but given much of the existing information can be quite old, the surveyor provides a service in this case to establish or re-establish a line. That surveyor may uncover a conflict or a mistake, discover something not considered and or similar, judge takes that in consideration when making a decision, someone has to present the documentation for the claimant, someone has to do the leg work, research, field work, surveyor is not a judge and vice versa.
In my situation below, the people who seemingly were in possession of my land could have potentially presented an adverse possession claim given NY laws on it, then I would have to defend against it and to the contrary, I have maps, of both parcels adjacent, clear and concise documentation, photos showing the old fence before they took it down while I worked out of town, all of which you would think would be indisputable, then add a new survey to back an old one up, + witness's as in previous owner of that house who could corroborate the lot lines so on and so on, had as much factual information as one could have, yet had I ignored the situation long enough, there is reason to believe the judge could still rule against me, this is how I understand this, having dealt with it 3 times now. Sad situation if someone could steal land like that but it does happen when landowners don't take action and cancel out the criteria of an adverse possession claim by a person in meeting legal possession of a piece of land, often times its a narrow swath and someone puts a fence up, no one notices, time elapses, then the battle begins, you think the survey is a cure all, in reality it may not. In my case it would have been a huge loss, 80' I measured, thats more than half the lot, and I did what I had to do, to insure that claim never even made it to the table, cost me though and I don't recommend the same tactic, I had no choice and it got real ugly immediately.
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Today's Featured Article - Listening to Your Tractor - by Curtis Von Fange. Years ago there was a TV show about a talking car. Unless you are from another planet, physically or otherwise, I don’t think our internal combustion buddies will talk and tell us their problems. But, on the other hand, there is a secret language that our mechanical companions readily do speak. It is an interesting form of communication that involves all the senses of the listener. In this series we are going to investigate and learn the basic rudimentary skills of understanding this lingo.
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