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, 2019
- 5 min
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...
359 views0 comments
Kris
- Sep 1, 2019
- 7 min
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...
5,295 views0 comments
Kris
- Aug 25, 2019
- 10 min
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...
340 views0 comments
Kris
- Aug 17, 2019
- 7 min
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...
1,753 views0 comments
Kris
- Aug 12, 2019
- 2 min
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...
431 views0 comments
Kris
- Aug 6, 2019
- 5 min
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...
559 views0 comments
Kris
- Jul 29, 2019
- 3 min
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...
130 views0 comments
Kris
- Jul 12, 2019
- 2 min
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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Kris
- Jul 10, 2019
- 3 min
Boundary Stability, Riparian Surveys and the Boundary Consultant
Stability of property titles and boundaries is of paramount importance to courts nationwide. At least one judge has gone so far as to...
195 views0 comments
Kris
- Jun 9, 2019
- 1 min
Identification by the Senses - Boundary Disputes
Surveyors routinely follow "rules of construction" - essentially, a list of priorities developed by the courts to determine the intent of...
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Kris
- Jun 9, 2019
- 1 min
Tax 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...
81 views0 comments
Kris
- Jun 9, 2019
- 1 min
Title Search is not a Safe Haven - Boundary Disputes
A recent Virginia decision highlights the need for complete research and the dangers of relying exclusively on title searches. In Oliver...
173 views0 comments
Kris
- Jun 8, 2019
- 7 min
Doctrine of Merger can Extinguish Record Easements
It seems at first that the doctrine of merger falls well within the province of the legal profession, but the land surveyor can glean...
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Kris
- May 20, 2019
- 4 min
Mineral Estates - Caves, Oil and Fossils
Determining the extent of a mineral estate as described in a grant or reservation is a tricky proposition. The same material may be...
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Kris
- May 7, 2019
- 2 min
Can 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...
406 views0 comments
Kris
- Apr 1, 2019
- 5 min
Don't Make a Fortress of the Dictionary
The intent of deeds, contracts, and legislative acts are common sources of dispute between surveyors and other land use professionals....
70 views0 comments
Kris
- Mar 25, 2019
- 1 min
Easement by Common Scheme
The Common Scheme Doctrine is well established in most states as a legitimate basis for restrictive covenants, but a common plan or...
136 views0 comments
Kris
- Feb 26, 2019
- 1 min
Railroads - Abandonment in Stages
Railroad abandonment represents a unique mix of state and federal law. In most instances, abandonment of a railway begins with an...
54 views0 comments