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.
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 a recent evidence-collecting adventure, I came across a plat of the property adjacent to the one I was surveying. I was amazed at the detail, precision of all measurements and the overall “look” of the plat.
Surveyors are intimately familiar with the frequent disagreements between private landowners over a disputed boundary line. However, the disagreements most likely to make headlines are those situations where adjoining states are unable to agree on the location of their common boundaries.
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.