I’m not exactly sure where the phrase “unwritten rights” came from or who came up with the idea of unwritten conveyances in relation to surveying, boundaries and deeds, but it seems that it caught on quickly and then became a universal idea in the land surveying profession.
I came to know David Griffin in 1997, when I moved my family from Tampa to Birmingham to join a national engineering and surveying firm that had opened its first office east of the Mississippi just the year before.
Several years ago (more than I want to count), I was putting together a program on liability and limitations on liability and ran across the 1994 Nebraska Supreme Court case of Lawyers Title v. Hoffman Engineers and Surveyors, (“Hoffman”).
With the FAA’s new rules on Small Unmanned Aircraft Systems (sUAS), “drones” for short, that will become effective in August of this year (about the time you will be reading this), it’s not too early to discuss some of the issues these new regulations bring up.
In my August and October columns, my most recent, we discussed a litmus test for property boundary surveys (i.e., how to know when you have gotten it right) and what the appropriate boundary law principles are and how and when they apply — at least to the extent that can be done in a short column.
In my previous column, in the August issue, we went into a detailed discussion on how to know that you have rendered a well-reasoned opinion on the location of the property lines that are the subject of your survey — a litmus test, if you will.
As you may recall, one of the key elements of the test is the application of the appropriate boundary law principles.