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.
3)
The Land Reform Act of 1967 permitted the state of Hawaii to redistribute land by condemning and acquiring private property from landlords (the lessors) in order to sell it to another private owner, in this case, their tenants (the lessees). The Hawaii State Legislature passed the Land Reform Act after discovering that nearly forty-seven percent (47%) of the state was owned by only seventy-two (72) private land owners. That meant that only forty-nine percent of Hawaii was owned by the State and Federal Govermnet.The contested statute gave lessees of single family homes the right to invoke the government's power of eminent domain to purchase the property that they leased, even if the landowner objected. The challengers of the statue (the land owners) claimed that such a condemnation was not a taking for public use because the property, once condemned by the state, was promptly turned over to the lessee (a private ...
Assessment of the Statement that Property is a Power Relationship Between People Property is the right to possess, enjoy or use a determinant thing, and includes the right of excluding others from doing the same. The concept of ownership or property has no single or widely accepted definition. Like any other concept it has great weight in public discourse and the popular usage varies broadly. Property is frequently conceived as a 'bundle of rights and obligations.' Property is stressed as not a relationship between people and things, but a relationship between people with regard to things.
The distribution of Government lands had been an issue since the Revolutionary War. Early methods for allocating unsettled land outside the original 13 colonies were chaotic. Boundaries were established by stepping off plots from geographical landmarks. As a result, overlapping claims and border disputes were common. The Land Ordinance of 1785 finally implemented a standardized system of Federal land surveys that eased boundary conflicts. Territories were divided into a 6-mile square called a township prior to settlement. The township was divided into 36 sections, each measuring 1 square mile or 640 acres each. Sale of public land was viewed as a means to generate revenue for the Government rather than as a way to encourage settlement. Initially, an individual was required to purchase a full section of land at the cost of $1 per acre for 640 acres. The investment needed to purchase these large plots and the massive amount of physical labor required to clear the land for agriculture were often insurmountable obstacles.
B. No individual should sacrifice their moral principles in return for unjust circumstances implemented amongst federal government.
Kurtz was an English man who traveled to the Congo in search of excitement, money and experience. To many people back home, he was known to be a loving intelligent young man. In Congo he was also known as being very intelligent, but also as being insane. The question is what happened to Kurtz how and why he let his self go insane. In a way you can say that he found the “heart” of his “darkness,” embraced it and could not escape it.
Kurtz was not always the power hungry man portrayed in Conrad’s book. According to his Intended, Kurtz was an admired man who had a “generous heart” and a “noble mind” (Conrad, 70). However, after his expedition into Africa, he became a changed man; an “insoluble problem” (Conrad, 50). The new Kurtz “[kicks] the very earth to pieces” (Conrad, 61). “Let us say – nerves, [go] wrong, and [causes] him to preside at certain midnight dances ending with unspeakable rites” (Conrad, 45). He has dropped all sense and morality and continues to live on according to his various lusts.
To purchase anything extra that the sharecropper required, the owner of the land would provide the c...
person receiving the land, had to go through ceremony in which they would say that they
Foner, Eric, and John A. Garraty. "Homestead Act." The Reader's Companion to American History. Dec. 1 1991: n.p. SIRS Issues Researcher. Web. 06 Feb. 2014.
If something is halted (spatially or temporally) – it is not necessarily finite. An obstacle is the physical equivalent of a conceptual boundary. An infinite expansion can be checked and yet remain infinite (by expanding in other directions, for instance). If it is reduced – it is smaller than before, but not necessarily finite. If it is contained – it must be smaller than the container but, again, not necessarily fi...
On Kurtz’s deathbed, he was prepared to leave the darkness of his life behind. He judged his selfish, greedy, and heartless past which caused his words, “The horror!
The first step to development is to survey the property in order to document and draw the bounds and land surface shapes. The property will be represented by various geometry elements such as points, lines, arcs, circles, and other defined geometry shapes. Surveyors use scope on tripods witch use projection of line Referenced point on a stick in order to measure the variations of the heights on the ground. This tool uses various angel theorems and postulates to find location of property boundaries, property corners, utilities and building layouts on the property. The surveyor uses the data collected to draw the property layout on a 36”x 24”sheet of paper.
Understanding what is meant by land is relatively simple. This comprises all of the natural resources that a particular producer has at their disposal. Most often this means immediate natural resources, like oil or the property on which the production facility is located. This can also include the water or ocean that is close to the facility. The factor of production called land most often comprises the natural and raw materials which are used in production and are at the disposal of the production facility.(2)
Baby Theresa 's story is different from other babies that suffer from anencephaly because her parents knew that she did not have long to live and would not become
...e final sentence of the novel illustrates this stating: "[t]he offing was barred by a black bank of clouds, and the tranquil waterway leading into the uttermost ends of the earth flowed sombre under an overcast sky---seemed to lead into the heart of an immense darkness" (216). This powerful quote depicts how potentially negative and brutal the "dark" side of human action can be. Kurtz being the symbol of European imperialism and others contributing to great and thought can be. Kurtz is the symbol of European imperialism and others who add to this negative practice. Conrad reminds us that it is essential for humans to be humane and self-reflective about their thoughts and actions. Although individuals have a potentially "dark" side they have the power to not succumb to it through "dark" actions including inhumanity and brutality as shown throughout the novel.