Kristopher M. Kline PLS

Kristopher M. Kline PLS

Kris Kline is president of 2Point Inc., Alexander, N.C. Kline teaches several classes on boundary retracement but remains a student of the discipline. He can be reached at kkline@buncombe.main.nc.us. More information on Kline's available continuing education courses can be found at www.2point.net. Kline’s first book, “Rooted in Stone: the Development of Adverse Possession in 20 Eastern States and the District of Columbia,” is due out this year.

ARTICLES

The Case of the Conveniently Forgotten Easement

At first glance, these two cases would seem too dissimilar to be included in the same article. One tried in 1849, the other only a few years ago.


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How Practical is 'Practical Location'

Practical location is one member of a nebulous pantheon of principles (also including acquiescence, agreement, adverse possession and estoppel) by which the courts attempt to fix disputed boundaries on the ground. The original dispute might have been caused by overlapping (or nonexistent) surveys and deeds, or by the inevitable loss of original monumentation over time.
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Unmistakable Marks

How Practical is ‘Practical Location’

Understand the issues where you work
Practical location is one member of a nebulous pantheon of principles (also including acquiescence, agreement, adverse possession and estoppel) by which the courts attempt to fix disputed boundaries on the ground. The original dispute might have been caused by overlapping (or nonexistent) surveys and deeds, or by the inevitable loss of original monumentation over time. One theory holds that practical location may be considered a holdover from a much earlier method of property conveyance, where a potential grantor and grantee would consummate the sale of a parcel by acts on the land itself, rather than by the more modern method of conveyance by writing.
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Doctrine of Merger: How Not to Create a New Easement

A look at some of the misconceptions that commonly arise after merged estates are re-divided.

 At recent convention seminars in several states, one of the most contentious issues was the doctrine of merger. In particular, heated debates frequently arise over the necessity of creating a new easement after the original right was extinguished due to the operation of the doctrine of merger. This is a disturbing concept for many. How can an express grant of an easement that is clearly described in a recorded deed be considered void when the dominant and servient estate are presently under separate ownership? 


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Examining Adverse Possession in the United States

 The doctrine of adverse possession has a particular fascination for me, but interest in this topic goes far beyond the surveying profession. Attorneys, employees of government agencies and the general public all become enthusiastic when squatters’ rights or trespass are mentioned.  


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Unmistakable Marks

Go With the Flow

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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Down to the River

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

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

Acquiescence can have many meanings, depending on the court in which the word is spoken.
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Doctrine of Merger

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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HxGN Live

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.

POB

POB October 2014 Cover

2014 October

In this October 2014 issue of POB, we explore cities across Europe pursuing new sustainable energy policies. Also, read how 3D laser scanning produces a winning topographic survey for a high school football field and running track.

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