On One Condition
Conditional or consentable boundary lines are often referred to in deed descriptions.
View ArticleDoctrine of Merger
At the outset, it would appear that the doctrine of merger falls well within the province of the legal profession, but the land surveyor can glean valuable lessons--and thereby avoid some professional...
View ArticleDon't Give Up on Acquiescence
Acquiescence can have many meanings, depending on the court in which the word is spoken.
View ArticleLiberated Beavers and Cavorting Catfish
A student recently asked if court opinions ever discussed beavers and their propensity for obstructing streams and ditches.
View ArticleDown 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....
View ArticleGo 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...
View ArticleDoctrine of Merger: How Not to Create a New Easement
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...
View ArticleBreaking 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,...
View ArticleHow 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...
View ArticleHow 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...
View ArticleGetting 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.
View ArticleThe 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.
View ArticleRailroad 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.
View ArticleUnmistakable Marks: Making Adverse Claims Against The State
It is often presumed that no adverse claims may be perfected against the state under any circumstances.
View ArticleUnmistakable Marks: How Much Research For Boundary Survey?
Despite its designation in court records, Roll v. Bacon: 160 Ohio Misc. 2d 23; 938 N.E.2d 85 (2010) is not a dispute about what to have for breakfast.
View ArticleUnmistakable Marks: When a Monument is Not a Monument
It is a familiar rule of construction that generally allows natural or artificial monuments to control measurements where the two come into conflict in a deed description.
View ArticleUnmistakable Marks: Is There Trouble Brewing On The Waterfront?
Breach of public trust, condemnation, and accusations of government overreach are common complaints across the nation.
View ArticleUnmistakable Marks: The Lost Grant and Its Many Faces
While adverse possession doctrine shares several basic characteristics regardless of the state in which it is applied, the same cannot be said for claims of prescriptive easements.
View ArticleUnmistakable Marks: When States Draw the Line
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...
View ArticleUnmistakable Marks: Neighborly Accommodation … Or Not?
A little-known but significant variant of adverse possession and prescriptive easement law has gained significant attention from the courts in recent years.
View Article