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- “Everybody is doing it” – is not a valid defense against a charge of Negligence. As stated in the Oregon decision Voelz v. Board of Engineering: 586 P.2d ...

When surveying or working on or near artificial bodies of water, it is important to remember that many of the ‘classic’ rules relating to natural watercourse...

Surveyors deal with the rules of construction each time they read a deed and attempt to ‘follow the footsteps’ of the original surveyor. While it is tempting...

It is an established principle of adverse possession doctrine that easements can be extinguished by adverse use where appropriate statutory and common law re...

One of the most common—and erroneous—arguments contributing to the proliferation of purported corner markers representing a single corner is the idea that mo...

Throughout its development, real property law in the United States has been shaped by geographic features and variations in climate. The presence of mineral ...

There are many legitimate mechanisms that may create or extinguish an easement. Courts have recognized servitudes created by grant, reservation, implication,...

This post is comprised of a series of quotes from the U.S. Supreme Court decision “Hughes v. Washington” 389 U.S. 290 (1967). It deals with riparian and litt...

Rules of Construction Don’t Change for Modern Surveys One of the most common—and erroneous—arguments arguments contributing to the proliferation of purported...

Land use professionals are generally quick to argue against the accuracy of tax maps when they disagree with the information shown on the maps. However, ther...

Land use professionals routinely apply common rules of construction in interpreting deeds, wills, and express easements. Under these rebuttable presumptions,...

A student once asked if court opinions ever discussed beavers and their propensity for obstructing streams and ditches. In fact, various forms of wildlife fi...

The following passages are excerpts from Kris Kline’s latest book “Prescriptive Easements & Related Principles.” (200 pages, softcover.) Paragraphs, line spa...

Limiting liability is a legitimate concern for surveyors—and for professionals across the spectrum. However, it is also important to remember that recognitio...

The concept of Easement by Necessity developed early in the history of English common law—numerous examples can be found as far back as the fourteenth centur...

Floating easements are problematic for surveyors because they only identify the subject tract that is burdened by the servitude and lack a written descriptio...

On March 10, 2014, the U.S. Supreme Court handed down a decision of immediate interest to surveyors and land use professionals nationwide. One ultimate issue...

The following passages are excerpts from Kris Kline’s book “Riparian Boundaries and Rights of Navigation: Rivers, Lakes and Seas.” (56 pages, softcover.) Not...

At recent convention seminars in several states, the doctrine of merger has been one of the most contentious issues discussed. In particular, heated debates ...

The Texas court has recognized two legitimate standards that justify upholding a survey - original undisturbed monuments, or "best available evidence." As st...