This website requires certain cookies to work and uses other cookies to help you have the best experience. By visiting this website, certain cookies have already been set, which you may delete and block. By closing this message or continuing to use our site, you agree to the use of cookies. Visit our updated privacy and cookie policy to learn more.
This Website Uses Cookies
By closing this message or continuing to use our site, you agree to our cookie policy. Learn More
This website requires certain cookies to work and uses other cookies to help you have the best experience. By visiting this website, certain cookies have already been set, which you may delete and block. By closing this message or continuing to use our site, you agree to the use of cookies. Visit our updated privacy and cookie policy to learn more.
Point of Begining Logo
search
cart
facebook twitter linkedin youtube
Point of Begining Logo
  • MAGAZINE
    • Current Issue
    • Digital Edition
    • Classifieds
    • Columns
    • Subscribe
    • POB eNewsletter
  • NEWS
  • PRODUCTS
  • TECH
    • GeoDataPoint
    • LiDAR/Laser Scanning/3D
    • Photogrammetry
    • GIS
    • GPS/GNSS
    • Hardware
    • UAS/UAV
    • Data Collection
    • Remote Sensing
    • Software
    • Total Stations
  • INDUSTRY
    • Aerial
    • BIM
    • Boundary & Topo
    • Construction
    • Energy & Utilities
    • Environmental
    • Forensics
    • Government
    • Marine/Hydrography
    • Mining
    • Transportation
  • REPORTS
    • Laser Scanning & 3D
    • Salary & Benefits
    • Surveying & Mapping Industry Software
    • Surveying & Mapping Industry Equipment
    • 2020 Aerial & UAV
    • Archives & Additional Reports
    • Surveying By State
  • EDUCATION
    • Fundamentals of Surveying
    • Continuing Education
    • GeoLearn
  • ONLINE
    • Events
    • Webinars
    • Classifieds
    • POB Store
    • POB Point and Shoot
    • Photo Galleries
    • Videos
    • Polls
    • FARO Webinars
    • Industry Links
  • DIRECTORY
    • GeoLocator
  • CONTACT
    • Editorial Staff
    • Advertise
    • Clear Seas Research
    • Custom Content Marketing Services
    • List Rental
    • Store
    • Subscription Questions
  • Sign In
  • Subscribe
  • Sign Out
  • My Account
Home » Traversing the Law

You have 0 Articles Left This Month. Register Today for Unlimited Access.

ColumnsLucas: Traversing the Law

Traversing the Law

November 3, 2005
Jeffery N. Lucas, PLS, Esq.
Order Reprints
No Comments

I'd like to address a few concerns regarding unwritten rights that arose in response to my three-part series "Property Rights and the Land Surveyor" that ran in May, June and July. First and foremost, let me note that adverse possession is not the only means by which property can and will be transferred by unwritten means. As a matter of fact, it may be the hardest way for unwritten transfers to take place because of the statutory requirements that must be fulfilled. Adverse possession is a statutory right and/or remedy that must be argued in court; it has prescribed qualifications that must be met in order to take effect, and a specific time period in which the codified rights and remedies will ripen. These are issues that a surveyor will not normally be able to determine in the field or through courthouse research. Therefore, adverse possession is not an unwritten transfer that is recognizable during the course of a survey, even though evidence that such a transfer has taken place may abound. Nevertheless, in the comments I receive there seems to be a preoccupation with adverse possession.

I think it is extremely important for professional land surveyors, especially land surveyors who perform boundary surveying services, to understand their state law as it relates to adverse possession. But adverse possession is not the only way in which title to land will transfer by unwritten means. I can only conclude from this preoccupation that in the minds of many surveyors this is the primary way in which unwritten transfers take place. Therefore, I’ll spend the next few installments of this column exploring the many other ways these transfers take place, ways that are considered easily recognizable under the law and should therefore create little difficulty for the practicing land surveyor.

You have 0 complimentary articles left.

Register for free today to continue reading!

Already have an account? Sign in here.

Privacy Policy

Related Articles

Traversing the Law: Ohio court lays down the law on retracement

Traversing the Law-A question of law and fact.

Traversing the Law: What's federal law got to do with it?

Traversing The Law: The Surveyor's Duty in Boundary Law

Related Products

V0C - Understanding Boundary Law - Case Law and Principles of Surveying Law (CD)

The Pincushion Effect: The Multiple Monument Dilemma in American Land Surveying

V00E - The Colonial Land System and the Building of America (CD)

Subscription Center
  • Subscribe
  • Free eNewsletters
  • Customer Care

More Videos

Popular Stories

Tommy's Surveyor Toolbox

Land Surveyors Toolbox: Do You Have Pole Problems?

Antique Land Surveyors Transit

Antique Land Surveyors Transit to Hit Auction

The Benefits of Diversity In the Geospatial Profession

Women In GIS: The Benefits of Diversity In the Geospatial Profession

CHC Navigation AlphaAir 450 LiDAR System

CHC Navigation Introduces New Cost-Effective UAV LiDAR System

Latest news headlines

DGT Associates Acquires Mattern & Stefon Land Surveyors in Connecticut

FARO webinar series

Events

December 1, 2030

Webinar Sponsorship Information

For webinar sponsorship information, visit www.bnpevents.com/webinars or email webinars@bnpmedia.com.

View All Submit An Event

Poll

Women in Surveying

Does land surveying need more women in leadership?
View Results Poll Archive

Products

2020 Point of Beginning Aerial & UAV Research

2020 Point of Beginning Aerial & UAV Research

See More Products

Get the POB Point delivered to your inbox!

Stay in the know on the latest surveying and geospatial trends.

SUBSCRIBE NOW
  • Resources
    • Construction Group
    • List rental
    • Survey And Sample
    • Associations & Industry Links
    • Subscribe
    • Editorial Calendar
    • Editorial Guidelines
    • Order Reprints
    • Want More
    • Connect
    • Contact Us
  • Advertise With Us
    • Advertise
  • Subscribe
    • Subscribe
    • Free eNewsletters
    • Customer Care
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2021. All Rights Reserved BNP Media.

Design, CMS, Hosting & Web Development :: ePublishing