Unmistakable Marks: Common Scheme Doctrine
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.
View ArticleUnmistakable Marks: Adverse Possession Claims and Titles
When dealing with an adverse possession claim, at what point in the process does title pass to the claimant?
View ArticleUnmistakable Marks: Does a Tax Map Affect Land Titles?
Land use professionals are generally quick to argue against the accuracy of tax maps when they disagree with the information shown on the maps.
View ArticleUnmistakable Marks: The Extent of the Easement
One of the most difficult problems facing the surveyor is determining the width of an easement.
View ArticleUnmistakable Marks: Frustration vs. Cessation of Purpose
“Frustration of Purpose” is an operation of law that can extinguish an easement when it can no longer serve its intended purpose.
View ArticleUnmistakable Marks: Perception of the Land
The early colonists of this country brought hither with them the various modes of conveying real estate, at that time in use in England.
View ArticleUnmistakable Marks: Rules of Construction for Modern Surveys
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...
View ArticleUnmistakable Marks: Swamp and Circumstance
Throughout its development, applications of real property law in this country have been shaped by geographic features and variations in climate.
View ArticleUnmistakable Marks: Extinguishing an Unopened Easement of Record in Land...
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”...
View ArticleUnmistakable Marks: Dealing with Property Title Disputes
Proper analysis of property title disputes should include consideration of all relevant actions of the parties in light of the appropriate legal principles.
View ArticleUnmistakable Marks: The Dictionary is Not Always a Fortress
The intent of deeds, contracts and legislative acts are common sources of dispute between surveyors and other land use professionals.
View ArticleUnmistakable Marks: Part performance and easements examined
Part performance represents yet another way that landowners can transfer title by actions on the ground.
View ArticleUnmistakable Marks: Boundaries Are Affected by Watercourse Location
Property corners situated on riparian features present unique challenges for land use professionals.
View ArticleUnmistakable Marks: Railroad Rights Can Require Special Attention
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.
View ArticleCourts Consider "Custom" Property Rights for Public Access
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...
View ArticleUnmistakable Marks: Defining Terms for Extinguishing Property Easements
Although textbook definitions are common, the term "abandoned" defies easy categorization when applied to traveled ways.
View ArticleUnmistakable Marks: Extinguishing Easements, Part Two
State laws generally include specific processes for statutory abandonment of public highways when specific conditions are met.
View ArticleSurveying to the Inferno and the Heavens?
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...
View ArticleRetroactive Laws May Intrude on Vested Property Rights
Arguments involving retroactive legislation are common in modern courtroom disputes.
View ArticleFloating Easements and Practical Location in Surveying
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.
View Article