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    “The 2Point Way” – Is Private Condemnation Possible? (Yes...) Yet Another Way to Create Easements
    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...
    89 views0 comments
    "The 2Point Way" – Does an Easement Include the Right to Repair?
    Kris
    • Apr 8
    • 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...
    189 views0 comments
    “The 2Point Way” - Who Owns the Road—the Centerline Presumption & Public Streets
    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...
    483 views0 comments
    "The 2Point Way" - Documents are Recorded/Filed…Where? Effects on Senior Rights
    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...
    74 views1 comment
    "The 2Point Way" - Easements: Extinguishing A Way: Abandoned, Vacated, or Discontinued?
    Kris
    • Dec 17, 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,...
    170 views0 comments
    “The 2Point Way” - Frustration of Purpose—Cessation of Purpose—Cessation of Necessity (Easements)
    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...
    185 views0 comments
    "The 2Point Way" - Is Judicial Notice Required to Perfect Title by Adverse Possession?"
    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...
    118 views0 comments
    "The 2Point Way" - The Takings Clause & Land Surveyors Can Collide Unexpectedly.
    Kris
    • Sep 17, 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....
    102 views0 comments
    "The 2Point Way" - Deed Calls to an Adjoiner Boundary Can be Tricky
    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...
    282 views0 comments
    "The 2Point Way" - Does Course or Distance Control in Metes & Bounds Descriptions?
    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...
    391 views0 comments
    Public Utility Easements by Prescription (drawn from "Prescriptive Easements & Related Principles")
    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...
    178 views0 comments
    "The 2Point Way" - Non-navigable Streams & Rivers: There is No Thalweg Without Navigation
    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...
    230 views0 comments
    “The 2Point Way” – Old Easements Don’t Just Disappear
    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...
    263 views0 comments
    "The 2Point Way" - Easements Have Boundaries
    Kris
    • Mar 25, 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...
    151 views0 comments
    "The 2Point Way" - Is a Contour a Boundary Line?
    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...
    179 views0 comments
    "The 2Point Way" - Surveying and Interpreting Utility Easement Descriptions
    Kris
    • Dec 21, 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...
    219 views0 comments
    "The 2Point Way" - How Wide is the Easement?
    Kris
    • Nov 24, 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...
    777 views0 comments
    Easements Implied by Prior Use - Quasi Easements are Everywhere.
    Kris
    • Oct 5, 2020
    • 6 min

    Easements Implied by Prior Use - Quasi Easements are Everywhere.

    Numerous sources describe appurtenant easements as incorporeal rights—the limited use by one party of the lands of another. Despite...
    1,107 views0 comments
    Boundary Retracement—Sequence of Events is Critical for Surveyors and Attorneys.
    Kris
    • Aug 17, 2020
    • 7 min

    Boundary Retracement—Sequence of Events is Critical for Surveyors and Attorneys.

    “No human transactions are unaffected by time…” Rhode Island v. Massachusetts: 45 U.S. 591 (1846) Proper analysis of property title...
    628 views0 comments
    How to Fix a Boundary Line - Acquiescence & Adverse Possession -- Agreement & Practical Location
    Kris
    • Jul 10, 2020
    • 13 min

    How to Fix a Boundary Line - Acquiescence & Adverse Possession -- Agreement & Practical Location

    This article is composed of excerpts from Kristopher Kline’s book, “How to Fix a Boundary Line” (312 pages, hardcover). The text that...
    651 views0 comments
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