THE SURVEYOR’S ROLE AS AN EXPERT WITNESS IN THE ADMINISTRATION OF JUSTICE

SURCON QUESTION: THE SURVEYOR’S ROLE AS AN EXPERT WITNESS IN THE ADMINISTRATION OF JUSTICE

A surveyor is a professional who provides services in geospatial data measurement and management. Accurate location and description of boundaries of a piece of land is an essential pre-requisite in awarding holding right to land. The surveyor is the professional who has the relevant knowledge and skills to delineate boundaries of parcels, position the corners, and determine the size of a piece of land. It is also part of the surveyor’s job to capture natural and cultural features within and around the parcel, including adjoining plots of land. All these pieces of information are depicted on a map representing the said parcel in appropriated scale, azimuth and reference framework.

The information completely describes the parcel so that it is not overlapping an adjoining plot. This is the basis for legal ownership of land.

However, land ownership conflicts do arise, in which two persons or group of persons lay claim to a portion of land in which both have interest. The portion of land over which two adjacent parties lay claim is called land in dispute. Usually, land in dispute represents a portion of land in which the claims of both parties overlap. To say the least, land in dispute is a major source of conflicts between families, communities and even nations. Conflicts arising from land in dispute had resulted to huge loss of lives and properties. This loss would be unnecessary if there was a mechanism for land ownership conflict arbitration that is hinged on the surveyor as an expert witness.

As an expert in land mapping and management, the surveyor can be called upon by both parties involved in land dispute to help them determine the boundaries of their separate claims. The court can also call on the surveyor’s expert advice to help it adjudicate based on evidence. In each case, the surveyor as an expert witness has essential roles to play in the administration of justice.

The first role of the surveyor is to search and gather evidence, especially documentary evidence, upon which decisions shall be based. Documentary evidence indicating positions of monuments and other features that could be used to establish (or re-establish) disputed boundaries will enhance administration of justice. All evidence should be examined impartially, and the surveyor should not allow himself to be biased in favour of any of the parties.

Having satisfied himself as the correctness of all documented evidence, the surveyor shall then proceed to define the boundaries as claimed by both parties. To do this impartially, the surveyor shall meet with the first party and let them take him along their claimed boundary. While surveying the boundary, the surveyor shall take note of all evidences on the ground and all relevant information given by the party. Afterwards, the surveyor shall invite the second party and do with him/them as he did with the first party. The evidences so gathered shall be recorded in the surveyor’s field books. The surveyor shall then produce an up-to-date plan of the disputed area showing clearly the claimed boundaries of the two parties.

Equipped with documentary evidence, the surveyor should state the facts fairly, correctly and firmly. He should remember that he is in court as an expert witness and shall not take side overly or covertly with any of the parties. As an expert witness, the surveyor is to assist the court with evidence that will allow it come to a just conclusion. He is not a judge, jury or counsel to any party, and should not behave as one.

When the court has passed judgment, the surveyor shall be expected to return to the field and define or redefine the boundary as decided by the court. The record of this new survey shall be carefully kept, so that the monuments can be easily re-established in the future.

Surveyor’s role as an expert witness in the administration of justice cannot be underestimated. The court and indeed the parties in land dispute need the surveyor’s involvement which will assist in arbitration for the benefit of all.

DISCLAIMER: This material is only an attempt to answer an examination question, though written from a background of solid knowledge and practical experience in Surveying and Geoinformatics. It has not gone through peer review. Therefore, all views and opinions expressed therein remain the responsibility of the author and do not necessarily represent that of any institution.  Feedback on corrections and constructive criticisms are welcome. Thank you.