“The 2Point Way”—Retroactive Laws vs. Vested Property Rights
Disagreements involving retroactive effects of legislation are common in modern courtroom disputes. Parties involved in these cases often...
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Kris
Aug 225 min
“The 2Point Way”—The Quiet Title Act & R.S. 2477 Roads
The Quiet Title Act (28 U.S.C. 2409-a) has—incorrectly—been described as “adverse possession against the U.S. Government.” While the act...
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Kris
Jul 157 min
"The 2Point Way"— Recording Statutes Can Terminate Unrecorded Easements (...But State Laws Vary)
This article Adaptation from “Prescriptive Easements and Related Principles” (Kline, 2019) (available on this website) Not all easements...
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Kris
Jun 28 min
“The 2Point Way”—Nuisance Trees, Trespass, and Liability
In the early development of the United States, disputes over individual trees were less common and generally were based on a more...
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Kris
Jan 85 min
“The 2Point Way”—"Did You Notice?" Constructive Notice & Recording Laws
The concept of ‘notice’ relates to several areas of property titles law. When establishing the seniority of conflicting deeds that may...
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Kris
Jul 16, 20235 min
"The 2Point Way" - The Right of Sepulture (Call Before You Dig)
Cemeteries and lands associated with places of worship can create numerous challenges for Land Use Professionals. Modern cemeteries are...
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Kris
May 25, 20237 min
“The 2Point Way” – Utility Easements & “Piggybacking”
Easement disputes are common nationwide, as is evident from the plethora of relevant cases found in modern court records. While locating...
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Kris
May 2, 20237 min
“The 2Point Way” – The Lost Grant Theory (or) The Doctrine of the Presumed Grant
The Lost Grant Theory is a distinct sub-category in the pantheon of prescriptive rights—related to adverse possession, but independent of...
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Kris
Apr 8, 20236 min
“The 2Point Way” - Encroachment & Trespass
Encroachment and/or trespass on school lands, public highways, and state land are frequent sources of litigation, in addition to numerous...
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Kris
Mar 20, 20235 min
“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, 20237 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...
487 views0 comments
Kris
Nov 21, 20227 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...
588 views0 comments
Kris
Aug 25, 202210 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...
545 views0 comments
Kris
Aug 14, 20226 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...
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Kris
Aug 2, 20226 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...
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Kris
Jul 4, 20224 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...
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Kris
Jun 6, 202210 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...
2,023 views0 comments
Kris
May 3, 20226 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...
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Kris
Apr 7, 20228 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...
1,247 views0 comments
Kris
Mar 7, 20227 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...
4,750 views0 comments
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