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 ...
KrisSep 1, 20197 minRailroad Right of Way Dispute - Law of Easements and the Boundary ConsultantOn March 10, 2014, the U.S. Supreme Court handed down a decision of immediate interest to surveyors and land use professionals nationwide...
KrisAug 25, 201910 minWater Boundaries and the Surveyor - Title vs. the Right to Navigate.The following passages are excerpts from Kris Kline’s book “Riparian Boundaries and Rights of Navigation: Rivers, Lakes and Seas.” (56 pa...
KrisAug 17, 20197 minHow NOT to Create An Easement - Doctrine of Merger and the Surveyor - Part IIAt recent convention seminars in several states, the doctrine of merger has been one of the most contentious issues discussed. In particu...
KrisAug 12, 20192 minBoundary Disputes Can be Resolved by Original Monuments or Best Available EvidenceThe Texas court has recognized two legitimate standards that justify upholding a survey - original undisturbed monuments, or "best availa...
KrisAug 6, 20195 minThe Best Survey vs. the Quickest Survey: One Surveyor Who "Did it Right" Prevailed Over Three OthersDespite its designation in court records, Roll v. Bacon: 160 Ohio Misc. 2d 23; 938 N.E.2d 85 (2010) is not a dispute over breakfast choic...
KrisAug 5, 20198 minEasements and the Boundary Consultant: Dedicated Highways Don't Expire due to Old AgeThe Case of the Conveniently Forgotten Easement Kristopher M. Kline, P.L.S., G.S.I. At first glance, these two cases would seem too dissi...
KrisJul 29, 20193 minAdverse Possession in a Public Street??The dispute between Nathans’ Associates and Ocean City, Maryland centers on a small commercial building located at 601 S. Atlantic Avenue...
KrisJul 12, 20192 minWhy the Cheap Surveyor Isn't the Best Surveyor for Asheville - or Anywhere...The dispute chronicled in Colonial Pipeline Co. v. Brown, 258 Ga. 115 (1988) is a compelling object lesson on why the least expensive and...
KrisJul 10, 20193 minBoundary Stability, Riparian Surveys and the Boundary ConsultantStability of property titles and boundaries is of paramount importance to courts nationwide. At least one judge has gone so far as to ind...
KrisJun 9, 20191 minIdentification by the Senses - Boundary DisputesSurveyors routinely follow "rules of construction" - essentially, a list of priorities developed by the courts to determine the intent of...
KrisJun 9, 20191 minTax Maps and Zoning Maps - How Far Can You Trust Elected Officials?This question sounds like the punchline to a bad political joke, but the true answer is of real interest to surveyors and other land use ...
KrisJun 9, 20191 minTitle Search is not a Safe Haven - Boundary DisputesA recent Virginia decision highlights the need for complete research and the dangers of relying exclusively on title searches. In Oliver ...
KrisJun 8, 20197 minDoctrine of Merger can Extinguish Record EasementsIt seems at first that the doctrine of merger falls well within the province of the legal profession, but the land surveyor can glean val...
KrisMay 20, 20194 minMineral Estates - Caves, Oil and FossilsDetermining the extent of a mineral estate as described in a grant or reservation is a tricky proposition. The same material may be consi...
KrisMay 7, 20192 minCan Sale of the Servient Tract Without Notice Extinguish a Prescriptive Easement?Prescriptive easements can be problematic, both in their creation and their obliteration. One confusing problem concerns the applicabilit...
KrisApr 1, 20195 minDon't Make a Fortress of the DictionaryThe intent of deeds, contracts, and legislative acts are common sources of dispute between surveyors and other land use professionals. Wh...
KrisMar 25, 20191 minEasement by Common SchemeThe Common Scheme Doctrine is well established in most states as a legitimate basis for restrictive covenants, but a common plan or neigh...
KrisFeb 27, 20191 minRailroads - Abandonment in StagesRailroad abandonment represents a unique mix of state and federal law. In most instances, abandonment of a railway begins with an applica...
