Chapter 1 – History and Concepts of Boundaries
Principal 2: A suveyor creates land boundary lines. These created lines, which are separate and distinct from property lines, are determined by legal principals and law.
Boundaries: The line that separates two adjoining land parcels as determined by legal descriptions. Land boundaries can be marked by hedges, fences, monument, or not at all
A. The law determines what boundaries are; facts determine where boundaries are located.
B. A boundary exists because the law permits it to exist. Boundary lines are invisible, yet once created, they have legal authority.
C. Boundaries of a parcel are created by the original surveyor through measurements and writings.
1. A closed boundary describes a claim of right to a property interest for which any person can make a claim of possession.
2. Once the original boundary is created and described, legally, that description remains in effect forever.
3. According to the federal statutes, as well as common case law, those lines remain fixed in perpetuity from the time the first property rights are conveyed.
4. Usually, to have a boundary created that boundary must have terminal points or corners.
a) Corners and monuments are not the same.
1) Corner: Is a calculated point (theory).
2) Monument: Is a physical object on the ground that marks a corner (physical).
3) Corners carry the same legal dignity as monuments.
D. A resurvey should do the following:
1. Identify the existing conditions of the boundary lines at conveyence.
2. Identify the condition of the original corner monuments.
3. Redefine the definition of the courses (bearing/distance) in more modern terms.
The Role of the Surveyor and the Law
A. The role of the surveyor should include the following:
1. Create original boundaries of a parcel through measurements and writings.
2. The surveyor is also the person who retraces the boundaries created originally and creates new evidence for future su...
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... of the land, whether or not mentioned in the conveyance.
4) Easement in Gross: Attaches to a person, not a particular parcel of land.
f) Creating an easement.
1) Express conveyence through a deed or will.
A) Most popular way to create a deed.
B) Easement Deeds: Those deeds that describe and convey an easement strictly without deeding a tract of land.
C) The deed must describe correctly interest conveyed and must comply with all formalities required for the transfer of land.
2) Implication (implied easements)
A) According to the general rule of law, when an owner of a tract of land conveys part of it to another, the owner is said to grant with it, by implication, all easements that apparent and obvious and that are reasonably necessary for the fair enjoyment of the land granted.
B) Implied easements are often sought in litigation when there is no apparent right-of-way to a land locked parcel.