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Private Condemnation has received little or no attention among land use professionals (or in surveying textbooks) yet statutes exist in...

In addition to the more obvious activities associated with an easement, one that may be overlooked is the question of maintenance and...

Parcels located along secondary roads are often the subject of disputes over improvements—built by the adjoiners—that are located near...

This article considers two related topics—Junior/Senior rights, and the effect of various recording systems on the resulting titles. Land...

Although textbook definitions are common, the term “Abandoned” defies easy categorization when applied to travelled ways. To the layman,...

This article considers three separate legal principles associated with the extinguishment of easements. The phrases that describe them...

In adverse possession dispute, the question often arises: “…at what point in the process does title pass from the record owner to the...

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....

Call for Adjoiner—Variation of a Monument?? One tricky category included in the rules of construction is the call for an adjoiner. Some...

One of the more common conflicts to face a surveyor retracing ‘metes & bounds’ descriptions is the determination of the relative value of...

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...