"The 2Point Way" - The Right of Sepulture (Call Before You Dig)
Cemeteries and lands associated with places of worship can create numerous challenges for Land Use Professionals. Modern cemeteries are...
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Kris
- May 25
- 7 min
“The 2Point Way” – Utility Easements & “Piggybacking”
Easement disputes are common nationwide, as is evident from the plethora of relevant cases found in modern court records. While locating...
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Kris
- May 2
- 7 min
“The 2Point Way” – The Lost Grant Theory (or) The Doctrine of the Presumed Grant
The Lost Grant Theory is a distinct sub-category in the pantheon of prescriptive rights—related to adverse possession, but independent of...
155 views0 comments
Kris
- Apr 8
- 6 min
“The 2Point Way” - Encroachment & Trespass
Encroachment and/or trespass on school lands, public highways, and state land are frequent sources of litigation, in addition to numerous...
326 views0 comments
Kris
- Mar 20
- 5 min
“The 2Point Way” - Is the Easement “Appurtenant” or “In Gross”
Court disputes over easements created for transmission lines and other utilities are a relatively recent phenomenon that has become even...
227 views0 comments
Kris
- Jan 1
- 7 min
"The 2Point Way" - Common & Shared Driveways vs. Concurrent Easements
Common driveways that straddle a boundary between neighbors frequently cause headaches for the courts. These improvements may have been...
318 views0 comments
Kris
- Nov 21, 2022
- 7 min
“The 2Point Way” - Railroads—What Right (and Where)
Determining the extent and type of right conveyed or dedicated for railroad use is one of the thornier issues facing land use...
432 views0 comments
Kris
- Aug 25, 2022
- 10 min
"The 2Point Way" - Acquiescence Has Many Meanings
In property boundary disputes, “Acquiescence” can have many meanings— depending both on the specific circumstances and the jurisdiction...
373 views0 comments
Kris
- Aug 14, 2022
- 6 min
“The 2Point Way” – What is a “Dockominium?” A Condo that Floats?
Of the many recent developments relating to the law of waters, a “Dockominium” may rank as one of the strangest. The term itself is...
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Kris
- Aug 2, 2022
- 6 min
“The 2Point Way” - A Profit Without Honor (Two types of Profit a Prendre)
While easements are often treated as the ‘poor relations’ of property rights, the ‘Profit a Prendre’ often seems a mere afterthought by...
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Kris
- Jul 4, 2022
- 4 min
"The 2Point Way" - Common Grantor Doctrine can Supersede the Deed Description
The concept of the “Common Grantor Doctrine” is well established in most jurisdictions, though its identification by that name is...
648 views0 comments
Kris
- Jun 6, 2022
- 10 min
There are Many Reasons NOT to Apportion Dimensions in Subdivision Lots
Apportioning excess or deficiency in platted lots seems like a quick and painless solution to a problem subdivision retracement when...
1,748 views0 comments
Kris
- May 3, 2022
- 6 min
“The 2Point Way” – Is Private Condemnation Possible? (Yes...) Yet Another Way to Create Easements
Private Condemnation has received little or no attention among land use professionals (or in surveying textbooks) yet statutes exist in...
256 views0 comments
Kris
- Apr 7, 2022
- 8 min
"The 2Point Way" – Does an Easement Include the Right to Repair?
In addition to the more obvious activities associated with an easement, one that may be overlooked is the question of maintenance and...
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Kris
- Mar 7, 2022
- 7 min
“The 2Point Way” - Who Owns the Road—the Centerline Presumption & Public Streets
Parcels located along secondary roads are often the subject of disputes over improvements—built by the adjoiners—that are located near...
2,874 views0 comments
Kris
- Jan 5, 2022
- 6 min
"The 2Point Way" - Documents are Recorded/Filed…Where? Effects on Senior Rights
This article considers two related topics—Junior/Senior rights, and the effect of various recording systems on the resulting titles. Land...
185 views1 comment
Kris
- Dec 16, 2021
- 11 min
"The 2Point Way" - Easements: Extinguishing A Way: Abandoned, Vacated, or Discontinued?
Although textbook definitions are common, the term “Abandoned” defies easy categorization when applied to travelled ways. To the layman,...
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Kris
- Oct 4, 2021
- 9 min
“The 2Point Way” - Frustration of Purpose—Cessation of Purpose—Cessation of Necessity (Easements)
This article considers three separate legal principles associated with the extinguishment of easements. The phrases that describe them...
556 views0 comments
Kris
- Sep 27, 2021
- 8 min
"The 2Point Way" - Is Judicial Notice Required to Perfect Title by Adverse Possession?"
In adverse possession dispute, the question often arises: “…at what point in the process does title pass from the record owner to the...
455 views0 comments
Kris
- Sep 16, 2021
- 6 min
"The 2Point Way" - The Takings Clause & Land Surveyors Can Collide Unexpectedly.
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....
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