Kris7 hours ago7 minHow Wide is the Easement? A Test for Land Use Professionals.One of the most difficult problems facing the surveyor is determining the width of an easement. The description in the controlling docume...
KrisOct 56 minEasements 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 limit...
KrisAug 177 minBoundary 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 dispu...
KrisJul 1013 minHow to Fix a Boundary Line - Acquiescence & Adverse Possession -- Agreement & Practical LocationThis article is composed of excerpts from Kristopher Kline’s book, “How to Fix a Boundary Line” (312 pages, hardcover). The text that app...
KrisMay 272 minNegligence 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 En...
KrisMay 212 minArtificial 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...
KrisApr 189 minRules of Construction—Essential (but Tricky) Tools for Surveyors, Attorneys & Land Use ProfessionalsSurveyors deal with the rules of construction each time they read a deed and attempt to ‘follow the footsteps’ of the original surveyor. ...
KrisMar 197 minThe '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 statuto...
KrisFeb 177 minDo 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...
KrisJan 135 minSwamp and CircumstanceThroughout its development, real property law in the United States has been shaped by geographic features and variations in climate. The ...
KrisJan 18 minEasements: Part Performance of an Oral Contract is NOT the Same Thing as Parol AgreementThere are many legitimate mechanisms that may create or extinguish an easement. Courts have recognized servitudes created by grant, reser...
KrisDec 17, 20192 minBeach 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 wi...
KrisNov 18, 20197 minMonuments 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 prolif...
KrisOct 28, 20196 minDo 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...
KrisOct 20, 20199 minStrip and Gore Doctrine - Streams, Rivers, and RoadsLand use professionals routinely apply common rules of construction in interpreting deeds, wills, and express easements. Under these rebu...
KrisOct 9, 20198 minSurface Water Flow, Cavorting Catfish, and Liberated BeaverA student once asked if court opinions ever discussed beavers and their propensity for obstructing streams and ditches. In fact, various ...
KrisSep 29, 20194 minBook Preview: "Prescriptive Easements & Related Principles"The following passages are excerpts from Kris Kline’s latest book “Prescriptive Easements & Related Principles.” (200 pages, softcover.) ...
KrisSep 22, 20194 minProfessional Land Surveyors Cannot Abdicate Their Responsibilities - Complete Research.Limiting liability is a legitimate concern for surveyors—and for professionals across the spectrum. However, it is also important to reme...
KrisSep 13, 20199 minEasement by Necessity - Driveway disputes can be Problematic for Land SurveyorsThe concept of Easement by Necessity developed early in the history of English common law—numerous examples can be found as far back as t...
KrisSep 9, 20195 minFloating Easements can be Located by the Land SurveyorFloating easements are problematic for surveyors because they only identify the subject tract that is burdened by the servitude and lack ...
