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Numerous sources describe appurtenant easements as incorporeal rights—the limited use by one party of the lands of another. Despite...

“No human transactions are unaffected by time…” Rhode Island v. Massachusetts: 45 U.S. 591 (1846) Proper analysis of property title...

This article is composed of excerpts from Kristopher Kline’s book, “How to Fix a Boundary Line” (312 pages, hardcover). The text that...

- “Everybody is doing it” – is not a valid defense against a charge of Negligence. As stated in the Oregon decision Voelz v. Board of...

When surveying or working on or near artificial bodies of water, it is important to remember that many of the ‘classic’ rules relating to...

Surveyors deal with the rules of construction each time they read a deed and attempt to ‘follow the footsteps’ of the original surveyor....

It is an established principle of adverse possession doctrine that easements can be extinguished by adverse use where appropriate...

One of the most common—and erroneous—arguments contributing to the proliferation of purported corner markers representing a single corner...

Throughout its development, real property law in the United States has been shaped by geographic features and variations in climate. The...

There are many legitimate mechanisms that may create or extinguish an easement. Courts have recognized servitudes created by grant,...

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...

Rules of Construction Don’t Change for Modern Surveys One of the most common—and erroneous—arguments arguments contributing to the...

Land use professionals routinely apply common rules of construction in interpreting deeds, wills, and express easements. Under these...

A student once asked if court opinions ever discussed beavers and their propensity for obstructing streams and ditches. In fact, various...

The following passages are excerpts from Kris Kline’s latest book “Prescriptive Easements & Related Principles.” (200 pages, softcover.)...

Limiting liability is a legitimate concern for surveyors—and for professionals across the spectrum. However, it is also important to...

The concept of Easement by Necessity developed early in the history of English common law—numerous examples can be found as far back as...

Floating easements are problematic for surveyors because they only identify the subject tract that is burdened by the servitude and lack...

On March 10, 2014, the U.S. Supreme Court handed down a decision of immediate interest to surveyors and land use professionals...

The following passages are excerpts from Kris Kline’s book “Riparian Boundaries and Rights of Navigation: Rivers, Lakes and Seas.” (56...