Kline: Unmistakable Marks

Kristopher M. Kline, PLS, provides a column about boundary retracement and court decisions.

ARTICLES

Unmistakable Marks: Making Adverse Claims Against The State

It is often presumed that no adverse claims may be perfected against the state under any circumstances.


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Railroad Rights-of-Way: Brandt Living Trust v. United States

On March 10, 2014, the U.S. Supreme court handed down a ruling of immediate interest to surveyors across the nation.


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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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Getting to the Bottom of Subsurface Rights

 Mineral rights and mining interests in land have become more critical than ever in recent years, and disputes over conflicting property rights are common.  


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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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Breaking Down the Rules of Construction

Surveyors deal with the rules of construction each time they read a deed and attempt to walk in the footsteps of the original surveyor. While it would be tempting to refer to these as basic principles, the permutations found among the many jurisdictions that make up the nation seem anything but “basic.”
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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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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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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 December 2014 Cover

2014 December

In this December 2014 issue of POB, we celebrate our 40th year, and take a look at how we began. Also, see how an innovative approach helped a surveying firm provide fast and accurate volume reporting for the aggregates industry.

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