The document is a presentation by surveyor Warren D. Ward on the importance of monuments in determining property boundaries rather than relying solely on mathematical calculations. It discusses the history of the Four Corners monument and legal precedents that establish monuments as controlling over subsequent surveys or calculations. It provides examples of cases where monuments were found to be slightly off from their intended positions but were still upheld by courts as marking the true property lines. The presentation emphasizes that surveyors' role is to retrace and preserve original surveys and monuments, not move boundaries based on newer measurement technologies.

1. The FOUR CORNERS LEGACY
Monuments, Not Math, Make
Property
And 1,001 Reasons Why Surveyors Plant Pin
Gardens Anyway
Warren D. Ward, CO PLS 25971
October 10, 2013
GIS in the Rockies
University of Denver
Copyright Warren D. Ward, all rights reserved.
1

2. • “I took my PLS test in 1987, and I knew
more THEN than I know TODAY”.
Warren D. Ward, CO PLS 25971
2

3. • “It was held that the east line of the street
was where the original surveyor placed it,
not where it should be according to
resurveys or subsequent surveys; that
subsequent surveys are worse than useless;
they only serve to confuse, unless they agree
with the original survey”.
» Johnson v. Westrick, 200 Wis.405 (1930)
3

4. - Four Corners
monument
set in 1875.
- 2009 News
report that
the 1875
stone was off
by 2.5 miles!
4

5. • The true
history is a
good example
of case law
for surveyors
to follow
5

6. – Some
surveyors
practice the
frustrating
act of setting
multiple
monuments
for one
property
corner, or
“pin
gardens”
6

7. 1,001 reasons
surveyors
give for
planting pin
gardens,
despite the
legal
precedent that
discourages
such
confusing
practice.
7

8. 8

9. Deseret News
Four Corners marker 2 1/2 miles off? Too late
• By Lynn
Arave
• Published:
Monday,
April 20,
2009
• Laypeople
easily use
modern
GPS
9

10. Laypeople can
easily
research
surveying
history, and
make the
wrong
conclusion
10

11. Deseret News
Four Corners Monument is indeed off mark
• By Lynn
Arave
• Published:
Thursday,
April 23,
2009
• After
surveyors
call in to
insist that
there is no
11
error

12. 12

13. PID:
NGS DATA SHEET
Desi
gnat
ion:
FOUR CORNERS 2010
Sta
mpi
ng:
COLORADO UTAH ARIZONA NEW MEXICO 1992
BBCD57
Stab
ility:
Monument will probably hold position well
Setti
ng:
Mat foundation or concrete slab other than pavement
Desc
ripti
on:
THE STATION IS THE CENTER OF AN 8-INCH DIAMETER BRASS USDOI/BLM DISK MARKING
THE POINT COMMON TO COLORADO, UTAH, ARIZONA, AND NEW MEXICO. IT IS LOCATED
AT THE NAVAJO NATION'S FOUR CORNERS MONUMENT, MANAGED BY THE NAVAJO
PARKS AND RECREATION DEPARTMENT, TEL: 928-871-6647. THE FOUR CORNERS
MONUMENT INSTALLED IN 1992 (NGS PID: AD9256, NOW CONSIDERED DESTROYED) WAS
REMOVED AND THE DISK RESET IN 2010 DURING RECONSTRUCTION OF THE MONUMENT
AND VISITOR PLAZA. THE DISK WILL EVENTUALLY BE STAMPED "2010."
Obs
erve
d:
2010-07-07T22:39:00Z
Sour
ce:
OPUS - page5 1009.28
13

14. REF_FRAME: NAD_83(CORS96
)
EPOCH: 2002.000
0
LAT:
36° 59' 56.31568"
± 0.027
m
LON:
-109° 2' 42.62051"
± 0.011
m
1460.802
± 0.003
m
X:
-1664599.638
± 0.015
m
Y:
-4821995.076
± 0.009
m
Z:
3818181.565
UNITS:
m
SET PROFILE
DETAILS
± 0.023
m
1481.544
SOURCE: NAVD88 (Computed using
GEOID09)
± 0.016
m
ELL HT:
ORTHO HT:
UTM 12
SPC 3003(NM W )
4096544.982m
666054.142m
673944.597m
722137.487m
1.17671173°
-0.72935591°
POINT SCALE:
0.99997275
1.00005994
COMBINED FACTOR:
0.99974356
0.99983074
NORTHING:
EASTING:
CONVERGENCE:
14

15. Denver Post
Four Corners spot is off the mark
• By The
Associated
Press
• Published:
Monday,
April 20,
2009
• Updated:
Thursday,
April 23,
2009
15

16. Cortez Journal
On the mark
Four Corners National Monument officials
dedicate completion of $1M plaza work
• By Hope Nealson
• Published: Sunday,
September, 19, 2010
• 18 months after first
report, the monument is
now correct.
16

17. 17

18. 18

19. 19

20. 20

21. 21

22. 22

23. 23

24. FIELD NOTES OF THE RE-SURVEY OF THE BOUNDARY LINE
• BETWEEN THE STATE OF COLORADO
AND THE TERRITORIES OF NEW
MEXICO AND OKLAHOMA
EXECUTED UNDER CONTRACT DATED JULY 7TH, 1902 BY
HOWARD B. CARPENTER
U.S. SURVEYOR AND ASTRONOMER
SURVEY COMMENCED SEPTEMBER 21ST, 1902
SURVEY COMPLETED OCTOBER 29TH, 1908
24

25. (Six pages of instructions)
• On Page 6, second to last paragraph:
“ …..All evidence of corners or monuments
set by Darling on the south boundary of
Colorado will be carefully obliterated.”
25

26. Letter from US GLO to
Howard B. Carpenter
• (Page 7)
“Dear Sir:
………….Between the 5th and 6th astronomical stations
there seems to be such a deflection from a true east line as
would indicate that one of these monuments was not upon
the 37th parallel of latitude……the result that the
monument at this station was found to be 3” of arc north of
the 37th. Parallel……it will be necessary for you to return
to the field and place any such monuments so located upon
the parallel……”
26

27. Tourist Brochure
27

28. •
•
•
•
•
•
•
•
•
•
•
•
•
“How have modern measuring tools,
such as, Global Positioning Systems
(GPS), changed the accuracy of
surveyors’ measurements?”
GPS satellites circle the earth twice a day in a
very precise orbit and transmit signal information to
earth. GPS receivers take this information and use
triangulation to calculate the user's exact location
relative to true latitude and longitude.
Surveyors use GPS to make measurements of the
land with a higher degree of precision and in a much
faster amount of time than with the old transit and
chain.
•
•
•
•
•
•
•
•
•
Property lines, property rights, and surveyors
monuments are regulated by laws, not by mathematics.
Surveyors take great care in protecting property
rights by retracing historical property lines where they
were originally established on the ground. Surveyors
do not move property corner monuments that were
set with the old tools. They use modern tools to report
more precise positions of existing property corner
monuments.
•
•
•
•
•
•
•
By using GPS to measure the location of the Four
Corners Monument, we observe with a high degree of
precision that the monument is located at 36 degrees
59 minutes 56.32 seconds North Latitude, and
109 degrees 02 minutes 42.62 seconds West Longitude,
compared to the intended 37 degrees North
Latitude and 109 degrees 03 minutes West Longitude.
•
•
•
•
•
•
•
•
The placement of the Four Corners Monument is a
remarkable feat of surveying precision and accuracy
accomplished by surveyors in 1875, especially considering
the tools that were available and the desolate,
rugged, roadless terrain that had to be traversed.
The Four Corners Monument was and is – placed
accurately and correctly.
28
28

29. U.S. Supreme Court
Monuments – Not Math, Make Property!
•
U.S. Supreme Court
•
•
•
•
•
New Mexico v. Colorado, 267 U.S. 30 (1925)
No. 12 Original
Decided January 26, 1925
267 U.S. 30
(a) That New Mexico, upon her admission as a state, was bound by the
previous recognition and adoption of the earlier location by the United
States, her predecessor, and could not be heard to disavow the boundary
thus recognized. P. 267 U. S. 41.
(b) The effect of this recognition of the earlier location by the United
States was not impaired by the temporary recognition of the later one by
the General Land Office. Id.
(c) After Colorado's admission as a state, her right to rely upon the
boundary previously established could not be impaired by any subsequent
action of the United States. Id.
(d) New Mexico was bound also by her own recognition and adoption of
the earlier line upon and after her admission to statehood. Id. .
2. The boundary between the States of Colorado and New Mexico is the
line of the 37th parallel as surveyed and marked by Darling (emphasis
added) from the Macomb monument westwardly to the 109th Meridian,
and as surveyed and marked by Major and Preston from the said Macomb
monument eastwardly to the Preston monument on the 103rd or Cimarron
Meridian. P. 267 U. S. 39
•
•
•
•
•
•
The lengthy, archived
explanation includes
recognition of the
many problems that
disrupt an orderly
society when survey
lines and monuments
are changed.
Page 267 U. S. 31
29

30. 30

31. 31

32. CORRECTING THE SECTION
LINES
32

33. 33

34. 34

35. “GROUND RULES”
• 1. EVERY MEASUREMENT MADE BY A SURVEYOR,
REGARDLESS OF THE TOOLS USED, IS IMPERFECT
TO SOME DEGREE.
• This phenomenon is the essence of surveying and being a
surveyor. The public does not understand this, but
surveyors do, and importantly, the courts DO TOO.
• This concept can not be learned from a book. It takes
experience in the field dealing with conflicts on the ground
to understand this concept, and why it is important.
35

36. • 2. THE TERM “PRECISION” APPLIES TO THE
REPEATABILITY OF A MEASUREMENT, IN
MATH TERMS.
• THE TERM “ACCURACY” REFERS TO
LEGAL APPLICATIONS.
• Lack of precision does NO public harm. Lack of
accuracy CAUSES public harm.
36

37. A (property) CORNER is a point of
reference determined by the survey
process.
• A monument is the physical object set in the
ground to identify a corner.
• The above concept is stated in the BLM Manual,
and codified by many state statutes.
• End result: When a duly licensed surveyor places
a monument, they have established a legal
property corner. Subsequent surveyors DO NOT
have some self-anointed right of superior math to
discard previous surveyors’ work. Retracement,
retracement, retracement!
37

38. • 3. MONUMENTS CONTROL
BOUNDARIES OVER CALLS FOR
BEARINGS AND DISTANCE, in the event
of conflicting positions.
• Paraphrased from numerous sources.
38

39. • 4. SURVEYORS PROVIDE TWO BASIC
FUNCTIONS FOR SOCIETY: WE
EITHER ESTABLISH NEW PROPERTY
LINES, OR, RETRACE PREVIOUSLY
ESTABLISHED PROPERTY LINES.
• 5. A BOUNDARY IS THE LINE WHERE
PROPERTY RIGHTS CHANGE.
39

40. USEFULL DOCTRINES
• 1. 1857 legal opinion:
• “The center of a section is the intersection of
straight lines between opposite quarter-corners”.
Abraham Lincoln - Attorney and Deputy County
Surveyor
• 2. Justice Cooley: “Surveyors maintain order –
they are not expected to make corrections that
only cause chaos”. (paraphrased).
40

41. QUOTED PRINCIPLES
• PRINCIPLE 8: “An original corner, once created,
cannot be replaced or redefined by coordinates
created by modern survey measurements using
more precise modern methods”. (Evidence, 4-12.)
• PRINCIPLE 1: “Surveyors are presumed to know
the laws of evidence pertaining to the location of
land boundaries described by the writings, and
they are charged with the responsibility of
knowing how to apply the laws of evidence when
they locate deed boundaries”.
• (RETRACE VERSUS POINT-STAKE?)
41

42. TYPICAL DEFINITION OF LAND SURVEY
•
•
•
•
•
•
•
6.5.1 Definition of Land Survey. A land survey as defined in Sections 38-51-102(11)
and 38-53-103(11), C.R.S., includes, but is not limited to, one or more of the following:
(a) The establishment of boundaries or the (c) The determination of the position of any
monument, reference point, or any other mark, when such monument or mark
restoration or rehabilitation of any monument marking a corner that controls the location
of real property.
(b) The location on the ground of any encumbrance affecting the rights or enjoyment of
real property.
controls the location of boundaries or rights of ownership in or use of real property.
(d) The preparation of maps, plats, descriptions, or any other document for the purpose
of preserving the location or conveyance of any and all rights in real property and the
subdivision thereof.
(e) The measurements and computations made to determine the size, shape, or area of
parcels for the purpose of marking on the ground, or the conveyance of, any or all rights
of ownership in real property.
(f) All other applicable services that are defined in the Section 12-25-202(6)(a), C.R.S.
42

43. 43

44. 44

45. Part of old garage ordered removed
after appearance of new pin.
45

46. 46

47. 47

48. 48

49. Colorado Case Law:
Monuments, Not Math Make
Property!
•
•
•
•
•
Morales v. CAMB, a partnership Colorado Court of Appeals, March 22, 2007
2007 Colo. App. LEXIS 482, 2007 WL 851628
Boundary dispute; subdivision monuments; monuments vs. calls.
In this boundary dispute between the owners of adjoining subdivision lots, a simple issue
was presented. The location of the boundary as described on the metes and bounds
descriptions on the subdivision plat, and as shown on the plat map, favors one lot owner.
(Note: Monuments set accurately throughout 1980 subdivision, two corners “off” by 13’)
•
The location of subdivision monuments on the ground, placed pursuant to C.R.S. § 3835-105(1), and approximately 13 feet south of the platted line, favors the other lot owner.
•
The subdivision plat contains the required surveyor’s certificate attesting that appropriate
monuments had been placed on the ground. Applying rules of survey interpretation, the
latter owner wins.
•
Monuments prevail over metes and bounds description (sic – see note), even if they are
graphically depicted on a subdivision plat map.(emphasis added)(note: Subdivision
Lots are simultaneous conveyance, not metes and bounds).
•
•
•
•
All monuments in 10Lot subdivision
otherwise set
correctly in 1980, and
all acreages correct as
reported on 1980 plat.
Two 1980 monuments
were set in error, or
blunder, by 13’, along
a 100’ lot line.
Both Lots vacant.
In 2003, surveyor
during a “replat”
discovered the
discrepancy, set two
new monuments in
the accurate
mathematical
location, and filed a
plat that showed the
discrepancy.
Indeed, in this situation, the monuments are “conclusive.”See Everett v. Lantz, 126 Colo.
504, 514, 252 P. 2d 103 (1952).
This is the holding even if (as here) the plat’s legal description does not “close” if one
defers to the monuments, implying that the monuments were
•
misplaced at the outset. (emphasis added)
49

50. Some of Many Biblical References
• Deuteronomy 19:14: Thou shalt not remove
thy neighbor’s landmark, which they of old
time have set….
– Proverbs 22:28: Remove not the ancient
landmark, Which thy fathers have set
• Deuteronomy 27:17: Cursed be he that
removeth his neighbor’s landmark. And all
the people shall say, Amen.
50

51. Dykes v. Arnold, Oregon
• The court ruled that an existing center ¼ corner defined the
legal property corner over a newly-set monument, despite
the understanding that the existing center ¼ corner set by a
county surveyor 100 years prior was set incorrectly by
“stubbing out”, and disagreed by a large distance from the
newly-set monument that was positioned correctly and
precisely at the intersection of ¼ lines.
51

52. ASKED CREW CHIEF TO FIND ORIGINAL MONUMENT, HE SAID IT
WASN’T THERE. SET NEW PIN. SAME CREW CHIEF 10 YEARS LATER AS
PLS WITH OWN COMPANY FINDS ORIGINAL MONUMENT, REJECTS
NEW PIN ON PLAT.
52

53. A COMPILATION
RETRACEMENT
53

54. NOT THIS GUY
54

55. 55

56. ORIGINAL 1970 REBAR NOT GOOD ENOUGH? GREAT JOB OF
CALCULATING, POOR JOB OF SURVEYING!
56

57. 1970 TRANSIT/TAPE SUBDIVISION
57

58. One Lot
58

59. 2005 DEVELOPMENT (surveyor
“rejects” 4 of 6 original monuments)
59

60. ONE SURVEYOR’S EXPLANATION
• Mr. Ward,
• “……While we generally consider holding found
monuments whenever possible, this particular rebar and
cap was determined to be significantly out of position and
was NOT held as the southeast corner of Lot 2.
• Reference is made to Bylaws and Rules of the State Board
of Licensure for Professional Engineers and Professional
Land Surveyors. Specifically Board Rule No. 6.5.4,
pursuant to which we assure that a monument established
or re-established conform both in LOCATION and
physical character……..”
60

61. The Board Rule 6.5.4
• 6.5.4 Monuments Shall Conform to Statutes.
The professional land surveyor will assure that the
monuments established or re-established conform
both in location and physical character with the
specifications called for in Section 38-51-104,
C.R.S. Each found monument verified in location
shall be restored or rehabilitated as necessary so as
to leave it readily identifiable and reasonably
durable. Physical standards for Public Land
Survey System monuments can be found in Rule
6.4.
61

62. 62

63. PLAT ERROR – solved 30 years too late
63

64. WITH NEIGHBOR’S HELP
64

65. 65

66. 3 LAWSUITS, 1 PIN
66

67. 67

68. 68

69. 69

70. OLD PIN, NEW FENCE
70

71. OLD PIN, NEW FENCE, NEW PIN
71

72. SECTION BREAKDOWN
72

73. Proposed Statute Addition
•
•
DRAFT BY WARREN WARD 12-10-1138-51-104. Monumentation of land surveys.(1) (a) The
corners of lots, tracts, other parcels of land, aliquot corners not described in subsection (4) of this
section, and any line points or reference points which are set to perpetuate the location of any land
boundary or easement shall, when established on the ground by a land survey, be marked by
reasonably permanent markers solidly embedded in the ground.
(b) A durable cap bearing the registration number of the professional land surveyor responsible for
the establishment of the monument shall be affixed securely to the top of each such monument
embedded pursuant to this subsection (1).(2) If the points CORNERS designated in subsection (1) of
this section fall on solid bedrock, concrete, stone curbs, gutters, or walks, a durable metal disk or cap
shall be securely anchored in the rock or concrete and stamped with the survey point and the
registration number of the professional land surveyor responsible for the establishment of the
monument or marker.(3) (a) If the monuments or markers required by subsection (1) of this section
cannot practicably be set because of steep terrain, water, marsh, or existing structures, or if they
would be lost as a result of proposed street, road, or other construction, one or more reference
monuments shall be set.(3)(b) THE CORNERS OF LOTS, TRACTS, OTHER
PARCELS OF LAND, OR ALIQUOT CORNERS NOT DESCRIBED IN
SUBSECTION (4) OF THIS SECTION THAT HAVE ALREADY BEEN
ESTABLISHED ON THE GROUND, MAY BE PERPETUATED BY
SUBSEQUENT PROFESSIONAL LAND SURVEYORS.
73

74. Proposed Statute – statement of justification
(5) a description of all monuments found or set
including the size and material and all pertinent
information stamped or printed on any cap or tag;
a found monument which the surveyor has
rejected as a true property corner shall be
designated as such;
(6) A STATEMENT DESCRIBING WHY A
REJECTED FOUND MONUMENT IS NOT
LEGALLY COMPLIANT AS THE TRUE
PROPERTY CORNER;
(Suggestion by Warren Ward, 05-16-13)
74

75. CONTACT INFORMATION
WARREN WARD
COUNTY SURVEYOR WEBSITE
www.co.grand.co.us click
“surveyor”
EMAIL: wward@co.grand.co.us
75

76. HELPFUL STATUTES
• In 1987, Land surveys must DEPOSIT
certain Land Survey Plats showing found
and set monuments, with the County
Surveyor. (CRS 38-51-107)
• In 1994, The Colorado State Board required
that PLSS monuments set must conform to
similar BLM size standards, and PLSS
monuments FOUND must be upgraded.
76

77. Suggested Plat Note
• “( ) – DENOTES RECORD PLAT
DATA DEPICTING THE SAME
LINE AS RETRACED BY THIS
SURVEY.”
77

78. 78

79. 79