Dispute Resolution/Expert Services

Boundary disputes can be difficult. Flatirons has a Professional Land Surveyor who is also one of Colorado's most knowledgeable and respected Boundary Law attorneys, offering Expert Witness Services, Boundary Resolution Agreements, Correction Deeds, and Mediation Services.

Expert Review:

Both John Guyton and Ed Bristow have been retained on a regular basis to review the work of other surveyors, both preemptively to avoid future issues, and prospectively to enforce Statutes, Rules, and Generally Accepted Standards of Practice. We have often reviewed field staking data and procedures by other surveyors to ensure compliance with record construction plans. We were then called upon to prepare expert reports of their review, and provide expert witness testimony. These services have been provided to state government agencies, county and local government entities, private and government attorneys, and private individuals.

Mediation:

Edgar T. Bristow, President of Flatirons Surveying Inc. is an attorney and a Professional Land Surveyor licensed in three states. He is also an adjunct professor at the Metropolitan State College of Denver, and a foremost expert in the field of Colorado boundary law. While expert witness testimony and analysis is a regular part of his work, Ed is also available to provide mediation services for private parties or attorneys, to resolve property, boundary, and other related issues.

Mediation has many advantages over traditional litigation. The cost of attorney's fees, witnesses, transcript costs, court costs, etc. are minimized. The delays and time required in a civil action are often greatly reduced, thus minimizing the adversarial nature of that lengthy process. Mediation can also be a confidential process, thus avoiding the public nature of a civil action and avoiding unwanted media attention. And yet, the outcome of a mediation process is a legally binding contract. If you are involved in a dispute over a land/boundary issue, Ed would he happy to talk to you about an approach that would work best for you in your particular situation.

Expert Witness:

Both John Guyton and Ed Bristow have been retained to prepare expert reports and give expert testimony on land surveying and real property issues. These services have been provided to private individuals, private and government attorneys, and government entities.

An expert witness provides testimony in a court of law based on his/her education, training, skill, or experience. In land surveying, an expert witness can be brought in to provide insight into boundary disputes, knowledge of surveying law, prescriptive rights, etc. His/her testimony can be relied upon as supporting evidence.

In addition, a court exhibit can be produced from the surveyed data. An exhibit helps to graphically demonstrate to the court the problems being discussed.

  • Provides an expert point of view in a court setting, based on education, training, skill and experience in a land dispute case
  • A Surveyor's Report can also be provided upon request

Court Exhibit:

  • Details a portion of your property that is in dispute
  • Can be tailored to fit your individual needs
  • Black and white or full color pictures can also be added to provide clarification
  • See an example...

Property Line Agreements:

Ed Bristow is a recognized expert on property line agreements (also known as "Boundary Line Agreements") under both common law, and Colorado Statutes. Ed and Flatirons CEO John Guyton co-authored the following article:

These agreements often provide a quick and cost effective solution to boundary line disagreements and/or title conflicts.

Cooley Doctrine:

This specific "integrity of the neighborhood" doctrine was presented in a speech by former Michigan Supreme Court Justice Thomas Cooley to the Michigan Association of Surveyors and Civil Engineers in Lansing, Michigan in January 1881. The doctrine has been adopted and/or cited by courts in virtually every State. The doctrine applies to a shift in the entire layout of a subdivision, and the necessity to refrain from disrupting the integrity of the neighborhood. Many surveyors do not posses the knowledge to apply the doctrine in a legally supportable way. Flatirons President Ed Bristow and CEO John Guyton have particular expertise applying the doctrine and have taught seminars on the subject. Specifically:

  • Ed Bristow & John Guyton, "Legal Principles of Boundary Conflict Resolution", Central Colorado Professional Surveyors 2008 Annual Meeting and Conference, February 22, 2008 (Included sections on: the Cooley Doctrine; Boundary Line Agreements; Quiet Title Actions; and Colorado Fence Law).
  • Ed Bristow & John Guyton, "Curative Statutes & Doctrines to Correct Title Irregularities", Professional Land Surveyors, Inc. Fall Technical Session, 2006 (Included sections on: the Cooley Doctrine; Boundary Line Agreements; Quiet Title Actions; Defective Descriptions And The Cooley Doctrine / Boundary Line Agreements; and Colorado Fence Law).

Seminars:

Both John Guyton and Ed Bristow have taught instructional seminars on land surveying and legal subjects. Specific titles of seminars include the following:

  • John Guyton, "The U.S. Rectangular Survey System", Hawaii Land Surveyors Association 2010 Annual Conference, January 29, 2010.
  • Ed Bristow, "Ethics For the Professional Surveyor", Professional Land Surveyors of Colorado, Inc. Fall Technical Session, November 13, 2009.
  • Ed Bristow, "Surveyors as Experts", Professional Land Surveyors of Colorado, Inc. Fall Technical Session, November 13, 2009.
  • Ed Bristow & John Guyton, "Legal Principles of Boundary Conflict Resolution", Central Colorado Professional Surveyors 2008 Annual Meeting and Conference, February 22, 2008 (Included sections on: the Cooley Doctrine; Boundary Line Agreements; Quiet Title Actions; and Colorado Fence Law).
  • Ed Bristow, Legal Topics, Professional Land Surveyors of Colorado, Inc., McComber Memorial Mentoring Sessions, Spring 2007.
  • John Guyton, "Boundary Disputes: Resolving Client Conflict", National Business Institute seminar, Denver, 2007.
  • Ed Bristow & John Guyton, "Curative Statutes & Doctrines to Correct Title Irregularities", Professional Land Surveyors of Colorado, Inc. Fall Technical Session, 2006 (Included sections on: the Cooley Doctrine; Boundary Line Agreements; Quiet Title Actions; Defective Descriptions And The Cooley Doctrine / Boundary Line Agreements; and Colorado Fence Law).
  • John Guyton, "When is a Corner Not a Corner?", Professional Land Surveyors of Colorado, Inc., McComber Memorial Mentoring Sessions. June 14, 2006.
  • John Guyton, "Real Estate Description Preparation and Survey Review", Lorman seminar, Denver, 2005.
  • John Guyton, "Colorado Real Estate Titles & Title Insurance", HalfMoon seminar, Denver, 1997.

Both John and Ed are available for speaking engagements.

Ready to request our legal expert services?
Give us a call at (303) 443-7001 to discuss your particular needs.

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