Legal Issues

Traversing the Law

How Boundary Lines are Established

Boundaries defined by property owners are as old as property itself; property lines are dependent on the actions (or inactions) of landowners.
By Jeffery N. Lucas, PLS, Esq.
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How do boundary lines become established? This is a critical question for the land surveyor who is interested in surveying property.

 What I mean by surveying property is rendering a well-reasoned opinion on the limits of ownership, not simply staking out geometry from a deed or rendering a new mathematical breakdown of a section.  


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Unmistakable Marks

Go With the Flow

By Kristopher M. Kline PLS
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While major flooding is a staple for headlines on the national news, another common flooding problem is less spectacular but may be equally problematic for the property owner and the surveyor. Surface flow water has often been the source of disputes between adjoining property owners.


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What Does it Mean to Survey Property?

By Jeffery N. Lucas, PLS, Esq.
23 Comments
I recently posted this question on a message board and received more than a few responses. This was by no means a scientific study, but the resulting comments, many of which strayed way off topic, confirmed what I have already come to realize. The answer to this question lies largely in the eyes of the beholder.


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Down to the River

By Kristopher M. Kline PLS
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Surveyors have long applied the rules of construction in interpreting deeds, wills and express grants of easements. Monuments generally control over measurements, with area at the bottom of the list. However, there are many other rebuttable presumptions the court may apply when considering the intent of the parties to a conveyance.
 


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Liberated Beavers and Cavorting Catfish

By Kristopher M. Kline PLS
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A student recently asked if court opinions ever discussed beavers and their propensity for obstructing streams and ditches.
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Don't Give Up on Acquiescence

By Kristopher M. Kline PLS
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Acquiescence can have many meanings, depending on the court in which the word is spoken.
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Objective Uncertainty

By Jeffery N. Lucas, PLS, Esq.
One Comment
Fundamental to a well-reasoned opinion on the location of property boundaries, also known as a survey of property, is being able to properly interpret a deed. Proper interpretation of a deed requires understanding uncertainty.
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Doctrine of Merger

By Kristopher M. Kline PLS
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At the outset, it would appear that the doctrine of merger falls well within the province of the legal profession, but the land surveyor can glean valuable lessons--and thereby avoid some professional blunders--from an understanding of the various issues relating to this principle.
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Title v. Location

By Jeffery N. Lucas, PLS, Esq.
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Black’s1 defines “title” in the real property sense as the “formal right of ownership of property.
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On One Condition

By Kristopher M. Kline PLS
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Conditional or consentable boundary lines are often referred to in deed descriptions.
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More than 3,500 attendees from more than 70 countries attended HxGN Live, the annual Hexagon AB user conference, at the MGM Grand Hotel & Casino in Las Vegas on June 3-6. About 450 keynotes and panel discussions were held, and several companies from around the world exhibited their geospatial products. Here are a few snapshots from the event.

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POB August 2014

2014 August

In the August 2014 issue, POB explores how John McAslan + Partners used 3D modeling to facilitate the update design of King's Cross Station. Also, read how keeping workers safe on a rocky, steeply sloped mountainside requires precise, reliable monitoring.

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