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CONCISE, IN-DEPTH COVERAGE OF THE COMPLEX ISSUES OF EASEMENTS AND THEIR REVERSION The definition, use, defense, and retirement of easements are areas of active work for land surveyors, lawyers, and the holders and buyers of easements, such as utility companies and highway departments. Easements Relating to Land Surveying and Title Examination is the most up-to-date reference that succinctly and incisively covers easements and reversions, written for land surveyors and title examiners. This comprehensive guide covers the various forms of easements, their creation, reversion, and termination. Its numerous case studies offer examples of situations in which easements resulted in litigation and reveal how these cases were decided by the courts. The book also includes coverage of undescribed easements and guidance on how to properly write new easement descriptions. This useful, practical handbook: Defines easements and easement terminology Covers both right-of-way and right-of-way line easements Explains the creation of easements by express grant, reservation or exception, agreement or covenant, implication, estoppel, custom, and more Explores all types of easement termination, including expiration, release, merger of title, abandonment, prescription or adverse possession, and many others Provides thorough descriptions of problem easements, from undescribed and blanket easements to hidden and rolling easements Offers extensive coverage of reversion of easements, including highway-related reversions and rules for locating and defining reversions Presents detailed information for land surveyors and title examiners on how to handle these easement issues
CONCISE, IN-DEPTH COVERAGE OF THE COMPLEX ISSUES OF EASEMENTS AND THEIR REVERSION The definition, use, defense, and retirement of easements are areas of active work for land surveyors, lawyers, and the holders and buyers of easements, such as utility companies and highway departments. Easements Relating to Land Surveying and Title Examination is the most up-to-date reference that succinctly and incisively covers easements and reversions, written for land surveyors and title examiners. This comprehensive guide covers the various forms of easements, their creation, reversion, and termination. Its numerous case studies offer examples of situations in which easements resulted in litigation and reveal how these cases were decided by the courts. The book also includes coverage of undescribed easements and guidance on how to properly write new easement descriptions. This useful, practical handbook: Defines easements and easement terminology Covers both right-of-way and right-of-way line easements Explains the creation of easements by express grant, reservation or exception, agreement or covenant, implication, estoppel, custom, and more Explores all types of easement termination, including expiration, release, merger of title, abandonment, prescription or adverse possession, and many others Provides thorough descriptions of problem easements, from undescribed and blanket easements to hidden and rolling easements Offers extensive coverage of reversion of easements, including highway-related reversions and rules for locating and defining reversions Presents detailed information for land surveyors and title examiners on how to handle these easement issues
This book is a must for anyone who works with or writes legal descriptions. Each of the fourteen chapters is structured for the self teaching student or for class participation. Each chapter concludes with assignments, exercises, questions and answers. Supported by extensive court citations, the author presents the material in a concise style which can be understood by the student, practitioner or attorney. The text is supported by samples, recommended forms and extensive illustrations.
Learn to be a good investigator and a successful retracement surveyor In the era of CSI, forensic science has taken on an unaccustomed glamor. The fact is, forensic science plays as crucial a role in the field of land surveying and title investigation as it does in flesh-and-blood criminology. Land location, the stability of property lines, and the sanctity of title documents are of utmost interest to the legal system in general, and the court system in particular. Forensic Procedures for Boundary and Title Investigation is the first book to present the application of investigative forensic techniques to the field of land boundary retracement. Covering basic logic, document research, and the interpretation of physical evidence on site, Forensic Procedures for Boundary and Title Investigation is an indispensable guide for?surveyors faced with a difficult retracement having little or faulty evidence. Demonstrating the techniques that can be applied to boundary location, this fascinating and useful introduction to forensic science: * Covers basic logic with tips for avoiding assumptions during the investigation that might result in error and bad conclusions * Explains the standard operating procedures, common to all forensics fields, for the protection of scenes, evidence collection, and photography * Provides detailed information on records research, reconstructing historical documentation, dealing with damaged documentation, and interpreting historic records containing antiquated measurements and wording * Includes a unique presentation of physical evidence investigation techniques including interpreting stone, wood, and metal evidence found on site * Takes an international approach, presenting universal investigative techniques and methods beyond the specifics of any single country * Includes advice on using the Internet for research and how to draw upon surprising sources of historic information such as postcards, advertisements, and family histories This extensive treatment is sure to become a standard reference work for professionals in many fields related to land investigation as well as a practical text for the training of investigators in the evidence recovery and interpretative processes leading to successful property location and ownership.
Land is important to all aspects of human life and has a key role in the economic well-being of society therefore, land tenure, land ownership, and real property law is a critical part of any developed nation. Together, the processes of how land parcels are held; how they are defined, measured, and described to allow economic transactions; how they are marked to allow their use and defense; and how they are legally protected have allowed for the orderly possession and use of land. In doing so, these processes have also provided the basis for the advanced economy of most developed nations. Very often, these processes—land tenure, boundary surveying, and cadastral systems—are considered separately. They are very much interrelated, and none of these processes may be completely understood without an understanding of the others. Land Tenure, Boundary Surveys, and Cadastral Systems provides an introduction to land tenure, cadastral systems, and boundary surveying, including an understanding of the interrelationship of these areas and their role in land tenure and real property law. This is especially true considering the advent of georeferenced cadastral maps reflecting the location of land parcels relative to many other components of the physical and legal infrastructure. Although intended as a basic text for college-level surveying courses, this book should also be of significant value to cadastral mappers, real property attorneys, land title professionals, and others involved with land transactions.
The most comprehensive treatment of key elements of original surveys, and the research required to find them, which is an important issue in retracement surveys that has never been fully explored. It will help surveyors become familiar with the proper identification and requirements and find the appropriate evidence using proper procedures. The most comprehensive treatment of key elements of original surveys and the research required to find original surveys, is an important issue in retracement surveys that has never been fully explored. It emphasizes the importance and the necessity of determining the creation of the title and its sources along with its accompanying survey or location. The case studies included in the book discuss the consequences when investigators do not follow complete research procedures, and act upon less information, even though the law requires otherwise. This is a practical guide for surveyors to become familiar with the proper identification and requirements and find the appropriate evidence using the right procedures. This book is intended for the practicing surveyor and will be useful to the legal profession, historical researchers, federal land departments, and others interested in surveys. Features This is the first book that focuses on identifying original surveys, written by one of the top consultants in the United States, who brings real case examples of both successes and failures Explains land separation techniques when more than one has been used previously. Includes numerous case examples providing context for surveyors and attorneys Discusses the relation between title creation and their transfer Addresses federal versus private surveys, their differences, and similarities
The survey and the transference are the distinctive and operative acts in the transmission of real property and, where they differ from each other, one must of necessity control the other. This book addresses the aforementioned concepts by external explanations in order to understand the discrepancies between them. It also helps to avoid expensive and wasteful litigation over boundaries that were previously not in conflict. The text offers an extensive review of the law for boundary retracement and cites numerous case examples.
The survey and the transference are the distinctive and operative acts in the transmission of real property and, where they differ from each other, one must of necessity control the other. This book addresses the aforementioned concepts by external explanations in order to understand the discrepancies between them. It also helps to avoid expensive and wasteful litigation over boundaries that were previously not in conflict. The text offers an extensive review of the law for boundary retracement and cites numerous case examples.
Although part of nearly all real estate transactions, the land survey is one of the least understood elements in the process. Bringing together experts in commercial real estate law, title insurance, surveying, civil engineering, and lending, this is a clearly written explanation of all aspects of land surveys. Experts share their advice on critical questions to ask when reviewing a survey and address recent development in survey requirements and technology.
Clearly explains the functions and procedures required in every survey (routine or otherwise), why it is done and how it is accomplished. Readers will not only gain an appreciation for a survey, plat or land description but will be able to evaluate it in its proper perspective, realize any inherent inadequacies or discrepancies that may exist and have a much better idea of when a survey is needed to solve a problem or to obtain an approval. Contains a wealth of high-quality line drawings.