Kline: Unmistakable Marks

Overburden of Easements in Land Surveying

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Tue, 14 Jul 2020 09:00:00 -0400

Court disputes relating to overburden can be found in early 20th century decisions, but the vast majority have been heard within the last 30 years.

The Takings Clause and the Surveyor

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Wed, 29 Apr 2020 18:15:00 -0400

The ‘Takings Clause’ of the U.S. Constitution might seem–at first glance–to be an arcane issue beyond the scope of the land surveyor. However, situations that result in uncompensated takings often crop up at the local level.

The Effects of Notice Statutes on Prescriptive Easements

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Sun, 01 Mar 2020 09:00:00 -0500

Prescriptive easements can be as problematic in their extinguishment as in their creation.

Professional Surveyors Can’t Abdicate Their Responsibilities

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Wed, 01 Jan 2020 08:45:00 -0500

Limiting liability is a legitimate concern for surveyors and for professionals across the spectrum. However, the privilege of professional recognition brings with it a heightened level of responsibility that cannot be avoided by quick disclaimers or clever denials.

Prescriptive Easements and Related Principles

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Fri, 01 Nov 2019 08:45:00 -0400

The unfortunate truth is that easements — prescriptive or otherwise — have been treated as “poor relations” or insignificant side issues for centuries.

Easement Disputes Often Focus on Activities of Owners

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Sun, 01 Sep 2019 10:00:00 -0400

Easement disputes are on the rise across the nation, as illustrated by the ease with which they can be found in modern court records.

Real Property and Appurtenant or In Gross Easements

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Mon, 01 Jul 2019 09:00:00 -0400

Many court disputes over easements created for transmission lines and other utilities involve easements that are not appurtenant to any particular tract, commonly known as "easements in gross."

Unrecorded Plats and Simultaneous Conveyance

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Wed, 01 May 2019 08:00:00 -0400

Land use professionals have good reason to pay close attention to the twin concepts of "simultaneous conveyance" and "sequential conveyance."

Floating Easements and Practical Location in Surveying

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Wed, 06 Mar 2019 09:00:00 -0500

Floating easements are problematic for surveyors because they only identify the subject tract that is burdened by the servitude and lack a written description defining the location within the tract.

Retroactive Laws May Intrude on Vested Property Rights

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Thu, 17 Jan 2019 09:00:00 -0500

Arguments involving retroactive legislation are common in modern courtroom disputes.

Surveying to the Inferno and the Heavens?

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Tue, 13 Nov 2018 09:00:00 -0500

Surveyors spend considerable time and effort determining the horizontal limits of property ownership, but many aspects of the surveying profession bring a vertical component into the determination of property rights.

Unmistakable Marks: Extinguishing Easements, Part Two

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Mon, 08 Oct 2018 09:00:00 -0400

State laws generally include specific processes for statutory abandonment of public highways when specific conditions are met.

Unmistakable Marks: Defining Terms for Extinguishing Property Easements

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Mon, 24 Sep 2018 09:00:00 -0400

Although textbook definitions are common, the term "abandoned" defies easy categorization when applied to traveled ways.

Courts Consider "Custom" Property Rights for Public Access

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Sun, 01 Jul 2018 09:00:00 -0400

For centuries, custom has been recognized in the early English legal system as a source of law. In recent years, it has experienced a renaissance of sorts in the American courts for its possible effect on public access to otherwise privately owned dry-sand beach areas.

Unmistakable Marks: Railroad Rights Can Require Special Attention

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Mon, 14 May 2018 09:00:00 -0400

Determining the extent and type of right conveyed or dedicated for railroad use is one of the thornier issues facing surveyors and land use professionals in the United States.

Unmistakable Marks: Boundaries Are Affected by Watercourse Location

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Thu, 01 Mar 2018 08:55:00 -0500

Property corners situated on riparian features present unique challenges for land use professionals.

Unmistakable Marks: Part performance and easements examined

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Tue, 16 Jan 2018 12:00:00 -0500

Part performance represents yet another way that landowners can transfer title by actions on the ground.

Unmistakable Marks: The Dictionary is Not Always a Fortress

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Mon, 06 Nov 2017 09:00:00 -0500

The intent of deeds, contracts and legislative acts are common sources of dispute between surveyors and other land use professionals.

Unmistakable Marks: Dealing with Property Title Disputes

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Fri, 08 Sep 2017 09:00:00 -0400

Proper analysis of property title disputes should include consideration of all relevant actions of the parties in light of the appropriate legal principles.

Unmistakable Marks: Extinguishing an Unopened Easement of Record in Land Surveying

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Thu, 06 Jul 2017 09:00:00 -0400

To extinguish an easement by adverse use, there must be an actual interruption of the easement use by the adverse claimant. It is difficult to prove the interruption of a so-called “paper easement” where the right was clearly granted but the easement area was never used for its intended purpose.

Unmistakable Marks: Swamp and Circumstance

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Mon, 01 May 2017 08:00:00 -0400

Throughout its development, applications of real property law in this country have been shaped by geographic features and variations in climate.

Unmistakable Marks: Rules of Construction for Modern Surveys

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Wed, 01 Mar 2017 07:50:00 -0500

One of the most common — and erroneous — arguments contributing to the proliferation of purported corner markers representing a single corner is the idea that modern subdivision regulations and field procedures somehow supersede the more traditional legal principles relating to boundary retracement.

Unmistakable Marks: Perception of the Land

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Sun, 01 Jan 2017 08:00:00 -0500

The early colonists of this country brought hither with them the various modes of conveying real estate, at that time in use in England.

Unmistakable Marks: Frustration vs. Cessation of Purpose

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Tue, 01 Nov 2016 09:00:00 -0400

“Frustration of Purpose” is an operation of law that can extinguish an easement when it can no longer serve its intended purpose.

Unmistakable Marks: The Extent of the Easement

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Thu, 01 Sep 2016 09:00:00 -0400

One of the most difficult problems facing the surveyor is determining the width of an easement.

Unmistakable Marks: Does a Tax Map Affect Land Titles?

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Fri, 01 Jul 2016 09:00:00 -0400

Land use professionals are generally quick to argue against the accuracy of tax maps when they disagree with the information shown on the maps.

Unmistakable Marks: Adverse Possession Claims and Titles

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Wed, 01 Jun 2016 09:00:00 -0400

When dealing with an adverse possession claim, at what point in the process does title pass to the claimant?

Unmistakable Marks: Common Scheme Doctrine

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Tue, 01 Mar 2016 08:00:00 -0500

While the Statute of Frauds severely limits the transfer of interests in real property by parol agreement, there are several operations of law that in some way appear to circumvent the statute.

Unmistakable Marks: Neighborly Accommodation … Or Not?

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Fri, 29 Jan 2016 08:00:00 -0500

A little-known but significant variant of adverse possession and prescriptive easement law has gained significant attention from the courts in recent years.

Unmistakable Marks: When States Draw the Line

kkline@buncombe.main.nc.us (Kristopher M. Kline PLS) — Mon, 30 Nov 2015 09:00:00 -0500

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.