History and Concept of Boundaries January 20, 2015.
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Transcript of History and Concept of Boundaries January 20, 2015.
Boundaries created by
• Action• Place monuments, drawn on plats/notes
• Writings• Describe corners/monuments in deed, legal
• Law• Create, modify and relocate modern boundaries
Principle 2: A surveyor creates boundaries. Not Property• Disputes to arise over interpretation of boundary
locations.
Principle 3: Boundaries may be macro or micro• Macro-National, State, County • Micro-Individual Properties, Rights to Properties
Principle 4: A landowner can only convey property for which they have title.• Title – Unique to English law• Originate from:• Conquest• Grants from foreign power• Grants from original states• Grants from US
government• Newly created lands
• Title-vehicle by which one acquires an estate• Property-• Corporeal-Tangible• Incorporeal-Intangible
• Rights-Mineral, Water Rights, • Interest-lien holder, easement
• Regulated by State Law
Principle 4: A landowner can only convey property for which they have title.
• Estate title• Fee Simple Absolute• Fee-estate can be inherited• Simple- estate can be inherited by anyone• Absolute-no conditions
Principle 4: A landowner can only convey property for which they have title.
• Estate title• Fee Simple Absolute• Fee-estate can be inherited• Simple- estate can be inherited by anyone• Absolute-no conditions
Principle 4: A landowner can only convey property for which they have title.
• Easements• Affirmative Easements-Allows someone else to do
something• Negative Easements-precludes a title holder from doing
something• Appurtenant Easements-attaches to the property• Easement in gross-attaches to the property
Principle 4: A landowner can only convey property for which they have title.
• Real and Personal Property
Principle 4: A landowner can only convey property for which they have title.
Principle 7: Once boundaries are created the line may by law or actions of the landowners be changed• Agreement• Estoppel• Acquiescence• Adverse Possession• Judicial Action
Property Rights
• REAL AND PERSONAL PROPERTY DISTINCTION• Real Property• Fixed• Immobile• Permanent
• Personal Property• Movable• Consumable
Role of the Surveyor
• CREATION OF BOUNDARY LINES• Boundary lines are created by surveyors; • property lines are created by law
Role of the Surveyor
• A boundary is a closed geometric figure. This allows an entity to claim rights within this boundary. Monuments are frequently used to identify the corners as evidence of the boundary.• Once a surveyor has created a boundary, it remains in
perpetuity (changes may be made in the future). This boundary separates the rights to be claimed by two entities. • Once created, another surveyor attempts to reconstruct the
intent and location of the boundaries. The later surveyor, after consideration, gives his/her OPINION of the location of the boundaries.• In the USA, only courts have the authority to determine
specifically the location of retraced boundary lines.