“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...
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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...
267 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...
291 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...
225 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...
122 views0 comments
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...
32 views0 comments
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...
480 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...
1,063 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...
171 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...
450 views0 comments
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...
1,479 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...
139 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,...
343 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...
392 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...
408 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....
253 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...
504 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...
449 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...
660 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...
339 views0 comments
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