“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...
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Kris
Jan 5, 20226 min read
"The 2Point Way" - Documents are Recorded/Filed…Where? Effects on Senior Rights
This article considers two related topics—Junior/Senior rights, and the effect of various recording systems on the resulting titles. Land...
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Kris
Dec 16, 202111 min read
"The 2Point Way" - Easements: Extinguishing A Way: Abandoned, Vacated, or Discontinued?
Although textbook definitions are common, the term “Abandoned” defies easy categorization when applied to travelled ways. To the layman,...
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Kris
Oct 4, 20219 min read
“The 2Point Way” - Frustration of Purpose—Cessation of Purpose—Cessation of Necessity (Easements)
This article considers three separate legal principles associated with the extinguishment of easements. The phrases that describe them...
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Kris
Sep 27, 20218 min read
"The 2Point Way" - Is Judicial Notice Required to Perfect Title by Adverse Possession?"
In adverse possession dispute, the question often arises: “…at what point in the process does title pass from the record owner to the...
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Kris
Sep 16, 20216 min read
"The 2Point Way" - The Takings Clause & Land Surveyors Can Collide Unexpectedly.
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....
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Kris
Aug 28, 20214 min read
"The 2Point Way" - Deed Calls to an Adjoiner Boundary Can be Tricky
Call for Adjoiner—Variation of a Monument?? One tricky category included in the rules of construction is the call for an adjoiner. Some...
1,266 views0 comments
Kris
Aug 8, 20215 min read
"The 2Point Way" - Does Course or Distance Control in Metes & Bounds Descriptions?
One of the more common conflicts to face a surveyor retracing ‘metes & bounds’ descriptions is the determination of the relative value of...
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Kris
Jun 8, 20213 min read
Public Utility Easements by Prescription (drawn from "Prescriptive Easements & Related Principles")
Many states allow public or quasi-public utilities to win prescriptive easement for visible utilities. It is not uncommon to see separate...
1,716 views0 comments
Kris
May 30, 20214 min read
"The 2Point Way" - Non-navigable Streams & Rivers: There is No Thalweg Without Navigation
The Rule of the Thalweg is well-established on large navigable rivers, but is generally inapplicable on smaller streams and rivers where...
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Kris
Apr 1, 20218 min read
“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...
299 views0 comments
Kris
Mar 24, 20215 min read
"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...
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Kris
Feb 9, 20216 min read
"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...
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Kris
Dec 20, 20205 min read
"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...
371 views0 comments
Kris
Nov 23, 20207 min read
"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...
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Kris
Oct 5, 20206 min read
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...
2,500 views0 comments
Kris
Aug 17, 20207 min read
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...
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Kris
Jul 10, 202013 min read
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...
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Kris
May 27, 20202 min read
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...
1,891 views0 comments
Kris
May 21, 20202 min read
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...
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