“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
- 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...
341 views0 comments
Kris
- Jun 6
- 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...
1,007 views0 comments
Kris
- May 3
- 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...
113 views0 comments
Kris
- Apr 7
- 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...
224 views0 comments
Kris
- Mar 7
- 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...
720 views0 comments
Kris
- Jan 5
- 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...
88 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,...
182 views0 comments
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...
219 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...
124 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....
173 views0 comments
Kris
- Aug 28, 2021
- 4 min
"The 2Point Way" - Deed Calls to an Adjoiner Boundary Can be Tricky
Call for Adjoiner—Variation of a Monument?? One tricky category included in the rules of construction is the call for an adjoiner. Some...
327 views0 comments
Kris
- Aug 8, 2021
- 5 min
"The 2Point Way" - Does Course or Distance Control in Metes & Bounds Descriptions?
One of the more common conflicts to face a surveyor retracing ‘metes & bounds’ descriptions is the determination of the relative value of...
401 views0 comments
Kris
- Jun 8, 2021
- 3 min
Public Utility Easements by Prescription (drawn from "Prescriptive Easements & Related Principles")
Many states allow public or quasi-public utilities to win prescriptive easement for visible utilities. It is not uncommon to see separate...
304 views0 comments
Kris
- May 30, 2021
- 4 min
"The 2Point Way" - Non-navigable Streams & Rivers: There is No Thalweg Without Navigation
The Rule of the Thalweg is well-established on large navigable rivers, but is generally inapplicable on smaller streams and rivers where...
253 views0 comments
Kris
- Apr 1, 2021
- 8 min
“The 2Point Way” – Old Easements Don’t Just Disappear
At first glance, these two cases seem too dissimilar to be included in the same article. One was tried in 1849—the other, only a few...
265 views0 comments
Kris
- Mar 24, 2021
- 4 min
"The 2Point Way" - Easements Have Boundaries
It is very common to see easements disregarded due to their status as a “lesser interest” in land. However, they have boundaries—just as...
286 views0 comments
Kris
- Feb 9, 2021
- 6 min
"The 2Point Way" - Is a Contour a Boundary Line?
Lake shorelines can be problematic for surveyors attempting to determine the location of associated property boundaries and the extent—if...
200 views0 comments
Kris
- Dec 20, 2020
- 5 min
"The 2Point Way" - Surveying and Interpreting Utility Easement Descriptions
Easements created for gas or power lines—or other utilities—are increasingly common sources of conflict. As formerly rural/farmland...
321 views0 comments
Kris
- Nov 23, 2020
- 7 min
"The 2Point Way" - How Wide is the Easement?
One of the most difficult problems facing the surveyor is determining the width of an easement. The description in the controlling...
1,185 views0 comments