By Walter G. Robillard
The vintage reference, elevated and up-to-date with present case legislation ?This new version of Brown's Boundary keep an eye on and criminal Principles—the vintage connection with boundary legislation for estate surveying—has been up-to-date and multiplied to mirror ongoing alterations in surveying know-how and surveying law.The scope surveying providers is altering, and this 6th variation has all of the helpful details to navigate the complicated, evolving region of boundary legislations. bettering upon its usefulness for either pros and scholars alike, this new version features:The most recent alterations in case legislation, with examplesImproved association and presentationExpanded assurance of metes and boundsNew fabric on making use of the concern of calls to retracementsConsideration of the ethics and ethical tasks of boundary construction and retracementsThe newest info at the applied sciences advancing boundary legislations is roofed, together with Geographic details platforms (GIS) and international Positioning platforms (GPS), and their influence on surveying measurements. A wealth of case stories on federal and nation nonsectionalized land surveys demonstrates real-world examples of lined material.Brown's Boundary keep an eye on and felony ideas, 6th variation is a necessary reference device for pro surveyors learning for country surveying licensing, scholars, and lawyers in actual property and land legislation.
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Additional resources for Brown's Boundary Control and Legal Principles
These actions are then incorporated into the resulting descriptions. 2. By words. Exterior and interior boundaries of tracts may be created by words. A deed describing “the south ¼” or “the north 10 acres” creates boundaries, as does a metes and bounds description having courses (bearings and distances) and corners. A major problem is that a “south ¼” description has no calls for monumented corners. If the description is a result of a survey, original lines are created and the surveyor is an original surveyor.
An easement for ingress and egress may not be enlarged to include surface or underground utilities. Easements may be created by reference in a deed or will, by a separate document, by implication, by necessity, and by prescription. In most states an easement in writing must meet the same requirements as those for signature and recording as a deed. Courts usually make a narrow interpretation in deciding whether an instrument conveyed a fee title or an easement. Unless expressly identified, courts usually create an easement.
Usually, a corner is at the end of a boundary line or at a change in direction of a boundary line. Applying that philosophy, we see why an endpoint is also called the terminal point of a line, named after Terminus, a Greek and Roman deity. A corner may also be placed along a line where a third party may tie in or reference a senior line. To define a line there must be two corners, or termini, one at each end of the line. The corners, to be controlling over other descriptive elements found in descriptions, must be created by the survey and must be called for in a legal document relating to the specific parcel.
Brown's Boundary Control and Legal Principles by Walter G. Robillard