Legal Aspects of Land Surveying

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CHECKS AND BALANCES


NATURAL MONUMENTS


200 YEAR, 1.5 BILLION ACRE PROJECT


ELEMENTS OF EASEMENTS

WORDS:“The NE corner of above lot forming a 25 foot (25’) circle is reserved for perpetual use as comfort station for canines

All dogs regardless of sex, size, age, pedigree or ownership may relieve at will in perpetuity”


CONVEYANCE EXAMPLE

Patented in 1880 and over the years, conveyed 5 sub-parcels

All 5 parcels were conveyed by deed

• A: 1885• B: 1890• C: 1895• D: 1900• E: 1905


SIMALTANOUS CONVEYANCES

• Typically in platted subdivisions

• First, look for blunders

• Then compare the record and bearing distances to compute new values


COMPLEXITY OF WATER BOUNDARIES

Surveying water boundaries can be frustrating because…

• The shoreline is constantly moving• The surveyor must have a basic knowledge

of law, geology, engineering, and other sciences

• Judges have difficulty understanding how these types of cases should be decided


WHY THE DISTINCTION?

Distinction is Based on Practical Needs

• The first priority was to protect the sovereign's interest

• But owners use the frontage and the general public uses it to graze, fish and enjoy

• How do you determine slow and imperceptible losses – they’re imperceptible……

Legal Aspects of Land Surveying

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