The principle of proportional division is an essential technique in surveying, particularly when re-establishing boundaries. Here's an explanation of when this principle may be employed and when it is not applicable:
a) Circumstances in Which the Principle of Proportional Division May Be Employed
The principle of proportional division is used in the following scenarios:
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Lost or Unclear Boundaries: When the original boundary markers (e.g., stakes, monuments) are missing, destroyed, or unclear, surveyors use proportional division to re-establish the boundaries based on existing measurements and records.
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Division of a Tract into Smaller Lots: When a large parcel of land is being subdivided into smaller lots, proportional division ensures that each lot is correctly apportioned according to the dimensions specified in the legal description or subdivision plan.
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Re-tracing Old Surveys: If a survey needs to be retraced and some of the original points are missing, surveyors may use the principle to proportionally divide the known points and distances to approximate the original survey accurately.
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Adjusting for Curved Boundaries: In cases where boundaries follow natural features like rivers or curved roads, proportional division can help in dividing the land fairly among stakeholders while maintaining the integrity of the curved boundary lines.
b) Instances When the Principle of Proportional Division is Not Applicable
There are certain circumstances where the principle of proportional division is not suitable:
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Definite Monument-Based Surveys: When boundaries are clearly defined by permanent monuments or natural features that are still in place and unambiguous, the original markers take precedence over any proportional division.
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Legal Restrictions or Court Orders: If there are specific legal constraints or court orders dictating the exact boundaries, these must be followed strictly, and proportional division cannot override these mandates.
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Modern Surveys with GPS Technology: Modern surveying techniques using GPS provide precise measurements and coordinates. In such cases, the principle of proportional division becomes redundant as accurate, up-to-date data is available.
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Discrepancies in Original Survey: If the original survey was found to be incorrect or fraudulent, proportional division would not be applicable. A new survey would need to be conducted to establish the correct boundaries.
Conclusion
The principle of proportional division is a valuable tool for surveyors in various situations where boundaries need to be re-established, especially when original markers are lost or when dividing large parcels into smaller lots. However, it is not applicable when boundaries are clearly defined by permanent markers, when legal constraints are in place, when modern GPS data is available, or when the original survey is incorrect. Understanding when and how to apply this principle is crucial for accurate and fair land division.