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Many states allow public or quasi-public utilities to win prescriptive easement for visible utilities. It is not uncommon to see separate...

The Rule of the Thalweg is well-established on large navigable rivers, but is generally inapplicable on smaller streams and rivers where...

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...

It is very common to see easements disregarded due to their status as a “lesser interest” in land. However, they have boundaries—just as...

Lake shorelines can be problematic for surveyors attempting to determine the location of associated property boundaries and the extent—if...

Easements created for gas or power lines—or other utilities—are increasingly common sources of conflict. As formerly rural/farmland...

One of the most difficult problems facing the surveyor is determining the width of an easement. The description in the controlling...

Numerous sources describe appurtenant easements as incorporeal rights—the limited use by one party of the lands of another. Despite...

“No human transactions are unaffected by time…” Rhode Island v. Massachusetts: 45 U.S. 591 (1846) Proper analysis of property title...

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

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

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

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

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

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

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

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

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...

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

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