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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


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


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


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...
Kris
Jul 29, 20193 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...
Kris
Jul 12, 20192 min read


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...
Kris
Jul 10, 20193 min read


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...
Kris
Jun 9, 20191 min read


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...
Kris
Jun 9, 20191 min read


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...
Kris
Jun 9, 20191 min read


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...
Kris
Jun 8, 20197 min read


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...
Kris
May 20, 20194 min read


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....
Kris
Apr 1, 20195 min read
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