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Apr 1
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...

191 views0 comments

"The 2Point Way" - Easements Have Boundaries

Kris

Mar 25
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...

119 views0 comments

"The 2Point Way" - Is a Contour a Boundary Line?

Kris

Feb 9
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...

112 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...

203 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...

348 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...

389 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...

474 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...

417 views0 comments

Negligence and the Land Surveyor: Three Things to Remember

Kris

May 27, 2020
2 min

Negligence and the Land Surveyor: Three Things to Remember

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

607 views0 comments

Artificial Lakes Create Difficulties for Land Surveyors involved in Riparian Disputes -

Kris

May 21, 2020
2 min

Artificial Lakes Create Difficulties for Land Surveyors involved in Riparian Disputes -

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

127 views0 comments

Rules of Construction—Essential (but Tricky) Tools for Surveyors, Attorneys & Land Use Professionals

Kris

Apr 18, 2020
9 min

Rules of Construction—Essential (but Tricky) Tools for Surveyors, Attorneys & Land Use Professionals

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

404 views0 comments

The 'Castle Associates' Rule: It’s difficult to interrupt a right that has never been exercised...

Kris

Mar 19, 2020
7 min

The 'Castle Associates' Rule: It’s difficult to interrupt a right that has never been exercised...

It is an established principle of adverse possession doctrine that easements can be extinguished by adverse use where appropriate...

346 views0 comments

Do the 'Rules' change for 'Modern' Surveys?

Kris

Feb 17, 2020
7 min

Do the 'Rules' change for 'Modern' Surveys?

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

613 views0 comments

Kris

Jan 13, 2020
5 min

Swamp and Circumstance

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

51 views0 comments

Easements: Part Performance of an Oral Contract is NOT the Same Thing as Parol Agreement

Kris

Jan 1, 2020
8 min

Easements: Part Performance of an Oral Contract is NOT the Same Thing as Parol Agreement

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

163 views0 comments

Beach Rights: State Laws Control Boundaries - Until they Don't...

Kris

Dec 17, 2019
2 min

Beach Rights: State Laws Control Boundaries - Until they Don't...

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...

142 views0 comments

Monuments Still Control - Even in Recent Subdivisions. Bearings and Distances are Guides.

Kris

Nov 18, 2019
7 min

Monuments Still Control - Even in Recent Subdivisions. Bearings and Distances are Guides.

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

783 views0 comments

Do Tax Maps Create Titles? -- A Cautionary Tale for Land Surveyors.

Kris

Oct 28, 2019
6 min

Do Tax Maps Create Titles? -- A Cautionary Tale for Land Surveyors.

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

248 views0 comments

Strip and Gore Doctrine - Streams, Rivers, and Roads

Kris

Oct 20, 2019
9 min

Strip and Gore Doctrine - Streams, Rivers, and Roads

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

289 views0 comments

Surface Water Flow, Cavorting Catfish, and Liberated Beaver

Kris

Oct 9, 2019
8 min

Surface Water Flow, Cavorting Catfish, and Liberated Beaver

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

35 views0 comments

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