Rules of Construction—Essential (but Tricky) Tools for Surveyors, Attorneys & Land Use Professionals
Surveyors deal with the rules of construction each time they read a deed and attempt to ‘follow the footsteps’ of the original surveyor....
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Kris
Mar 18, 20207 min read
The '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...
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Kris
Feb 17, 20207 min read
Do 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...
1,381 views0 comments
Kris
Jan 13, 20205 min read
Swamp and Circumstance
Throughout its development, real property law in the United States has been shaped by geographic features and variations in climate. The...
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Kris
Dec 31, 20198 min read
Easements: Part Performance of an Oral Contract is NOT the Same Thing as Parol Agreement
There are many legitimate mechanisms that may create or extinguish an easement. Courts have recognized servitudes created by grant,...
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Kris
Dec 17, 20192 min read
Beach 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...
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Kris
Nov 18, 20197 min read
Monuments 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...
1,609 views2 comments
Kris
Oct 20, 20199 min read
Strip and Gore Doctrine - Streams, Rivers, and Roads
Land use professionals routinely apply common rules of construction in interpreting deeds, wills, and express easements. Under these...
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Kris
Oct 9, 20198 min read
Surface Water Flow, Cavorting Catfish, and Liberated Beaver
A student once asked if court opinions ever discussed beavers and their propensity for obstructing streams and ditches. In fact, various...
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Kris
Sep 29, 20194 min read
Book Preview: "Prescriptive Easements & Related Principles"
The following passages are excerpts from Kris Kline’s latest book “Prescriptive Easements & Related Principles.” (200 pages, softcover.)...
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Kris
Sep 21, 20194 min read
Professional 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...
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Kris
Sep 13, 20199 min read
Easement by Necessity - Driveway disputes can be Problematic for Land Surveyors
The concept of Easement by Necessity developed early in the history of English common law—numerous examples can be found as far back as...
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Kris
Sep 9, 20195 min read
Floating Easements can be Located by the Land Surveyor
Floating easements are problematic for surveyors because they only identify the subject tract that is burdened by the servitude and lack...
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Kris
Sep 1, 20197 min read
Railroad Right of Way Dispute - Law of Easements and the Boundary Consultant
On March 10, 2014, the U.S. Supreme Court handed down a decision of immediate interest to surveyors and land use professionals...
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Kris
Aug 25, 201910 min read
Water 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...
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Kris
Aug 17, 20197 min read
How NOT to Create An Easement - Doctrine of Merger and the Surveyor - Part II
At recent convention seminars in several states, the doctrine of merger has been one of the most contentious issues discussed. In...
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Kris
Aug 12, 20192 min read
Boundary Disputes Can be Resolved by Original Monuments or Best Available Evidence
The Texas court has recognized two legitimate standards that justify upholding a survey - original undisturbed monuments, or "best...
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Kris
Aug 6, 20195 min read
The Best Survey vs. the Quickest Survey: One Surveyor Who "Did it Right" Prevailed Over Three Others
Despite 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...
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Kris
Jul 29, 20193 min read
Adverse 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...
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Kris
Jul 12, 20192 min read
Why 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...
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