Articles by Kristopher M. Kline PLS

The Case of the Conveniently Forgotten Easement

June 23, 2014
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'

March 1, 2014
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
February 12, 2014
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.
November 1, 2013

 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

August 19, 2013

 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

June 1, 2013
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

April 26, 2013
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

February 5, 2013
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

January 2, 2013
Acquiescence can have many meanings, depending on the court in which the word is spoken.
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Doctrine of Merger

November 1, 2012
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.

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POB July 2014

2014 July

In the July 2014 issue, POB explores the growth of photovoltaic (PV) installations in the United States across residential, commercial and utilities markets. Also, read how an innovative system ensures the vertical alignment of Gerald Desmond Bridge.

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