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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...
Kris
May 27, 20202 min read
1,965 views
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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...
Kris
May 21, 20202 min read
270 views
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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....
Kris
Apr 18, 20209 min read
2,127 views
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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...
Kris
Mar 18, 20207 min read
630 views
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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...
Kris
Feb 17, 20207 min read
1,388 views
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Swamp and Circumstance
Throughout its development, real property law in the United States has been shaped by geographic features and variations in climate. The...
Kris
Jan 13, 20205 min read
185 views
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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,...
Kris
Dec 31, 20198 min read
684 views
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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...
Kris
Dec 17, 20192 min read
196 views
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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...
Kris
Nov 18, 20197 min read
1,747 views
2 comments


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...
Kris
Oct 20, 20199 min read
923 views
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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...
Kris
Oct 9, 20198 min read
65 views
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Book Preview: "Prescriptive Easements & Related Principles"
The following passages are excerpts from Kris Kline’s latest book “Prescriptive Easements & Related Principles.” (200 pages, softcover.)...
Kris
Sep 29, 20194 min read
429 views
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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...
Kris
Sep 21, 20194 min read
554 views
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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...
Kris
Sep 13, 20199 min read
3,976 views
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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...
Kris
Sep 9, 20195 min read
943 views
0 comments


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...
Kris
Sep 1, 20197 min read
9,652 views
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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...
Kris
Aug 25, 201910 min read
674 views
0 comments


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...
Kris
Aug 17, 20197 min read
2,913 views
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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...
Kris
Aug 12, 20192 min read
529 views
0 comments


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...
Kris
Aug 6, 20195 min read
1,016 views
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