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