Brown's Boundary Control and Legal Principles

BROWN'S BOUNDARY CONTROL AND LEGAL PRINCIPLES

The latest edition of the industry-leading reference to boundary law for property surveying

In the newly revised eighth edition of Brown's Boundary Control and Legal Principles, a team of distinguished surveying professionals delivers an updated and expanded treatment of the latest in surveying technology and surveying caselaw. This classic reference to boundary law principles for property surveying continues to evolve, covering all relevant and necessary information related to the complex area of boundary law.

The book offers a wealth of case studies on federal and state rectangular and non-sectionalized land surveys demonstrating real-world examples. It provides numerous illustrations highlighting the concepts discussed within, and is an essential reference tool for professionals and students in the area, providing:

• A thorough introduction to the foundational principles of boundary surveying and property rights
• Comprehensive explorations of decision-making in professional boundary surveying
• Practical discussions of the legal principles governing land surveying, land boundaries, and land rights

• A holistic combination of law and surveying that's ideal as a reference tool and as a learning tool

  Perfect for practicing surveyors and those studying for the Fundamentals of Surveying (FS) licensing exam, Brown's Boundary Control and Legal Principles will also benefit undergraduate and graduate students of surveying programs, as well as lawyers who practice in the areas of real estate, land, and property law.

  Autorentext

  Donald A. Wilson is President of Donald Wilson Consulting, LLC. C.A. "Tony" Nettleman III is President and CEO of Nettleman Land Consultants, Inc. and Director of the Nettleman Institute of Land Surveying Engineering Technology, Inc. Walter G. Robillard is a Retired Surveyor.

  Klappentext

  The latest edition of the industry-leading reference to boundary law for property surveying In the newly revised eighth edition of Brown's Boundary Control and Legal Principles, a team of distinguished surveying professionals delivers an updated and expanded treatment of the latest in surveying technology and surveying caselaw. This classic reference to boundary law principles for property surveying continues to evolve, covering all relevant and necessary information related to the complex area of boundary law. The book offers a wealth of case studies on federal and state rectangular and non-sectionalized land surveys demonstrating real-world examples. It provides numerous illustrations highlighting the concepts discussed within, and is an essential reference tool for professionals and students in the area, providing:

• A thorough introduction to the foundational principles of boundary surveying and property rights
• Comprehensive explorations of decision-making in professional boundary surveying
• Practical discussions of the legal principles governing land surveying, land boundaries, and land rights

• A holistic combination of law and surveying that's ideal as a reference tool and as a learning tool Perfect for practicing surveyors and those studying for the Fundamentals of Surveying (FS) licensing exam, Brown's Boundary Control and Legal Principles will also benefit undergraduate and graduate students of surveying programs, as well as lawyers who practice in the areas of real estate, land, and property law.

  Inhalt

  Preface xvii

  Chapter 1 History and Concept of Boundaries 1

  1.1 Introduction 1

  1.2 Significance of Boundaries 3

  1.3 Boundary References 4

  1.4 Terminus: The God (or Goddess) of Boundaries 6

  1.5 Disputes and Boundaries 7

  1.6 Role of the Surveyor in Boundaries 9

  1.7 What is Being Created? What is Being Located? 13

  1.8 Original Written Title 15

  1.9 Rights and Interests in Land are Composed of a Bundle of Rights 16

  1.10 Role of the Court 20

  1.11 Real and Personal Property 21

  1.12 What Constitutes Real Property 22

  1.13 Nature of Modern Estates 25

  1.14 Taxes on Land and Tax Maps 25

  1.15 Easements and Licenses 26

  1.16 Servitudes, Restrictions, Covenants, and Conditions 30

  1.17 Actions on Boundaries and Easements 31

  1.18 One Unique Parcel or Boundary 32

  1.19 The Original Boundaries are Sacred 32

  1.20 Conclusions 33

  Bibliography 34

  Notes 34

  Chapter 2 How Boundaries are Created 36

  2.1 Introduction 36

  2.2 Definitions 37

  2.3 Classification of Boundaries 40

  2.4 Methods of Boundary Creation 41

  2.5 Who May Create Boundaries? 45

  2.6 Sanctity of the Original Survey 48

  2.7 Original Lines Remain Fixed 49

  2.8 Distinctions Between the Original Boundary Survey, the Retracement Survey, and the First Survey 49

  2.9 Original Technological Methods of Boundary Creation not Relatable to Modern Methods 51

  2.10 Original Lines may be Redescribed as a Result of a Retracement 51

  2.11 Conclusions 52

  Notes 53

  Chapter 3 Ownership, Transfer, and Description of Real Property and Accompanying Rights 54

  3.1 Concepts of Boundaries, Land Ownership, and Land Descriptions 54

  3.2 Overview of Boundaries 56

  3.3 Public and Private Lands 59

  3.4 Sources of Title 60

  3.5 Voluntary Transfer of Real Property 61

  3.6 Chain of Title 61

  3.7 Torrens Title System 63

  3.8 Unwritten Rights or Title to Land 63

  3.9 Methods of Voluntary Transfer of Title 64

  3.10 Deed or Description 65

  3.11 Title or Lien 66

  3.12 Deed of Trust 66

  3.13 Mortgage 67

  3.14 Escrow 67

  3.15 Title assurance and Title Insurance 67

  3.16 Abstractors 69

  3.17 Attorney's Opinion 69

  3.18 General land Descriptions 69

  3.19 What is in a Description? 70

  3.20 Measurements 71

  3.21 Magnetic Directions 75

  3.22 Reference Datums 77

  3.23 Elements of Land Descriptions 78

  3.24 Types of Descriptions 79

  3.25 Conclusions 81

  Notes 81

  Chapter 4 Boundaries, Law, and Related Presumptions 83

  4.1 Introduction 83

  4.2 Constitutional Law and the Surveyor 84

  4.3 Jurisdiction 85

  4.4 Federal Jurisdiction 85

  4.5 Federal Government, Agency, or Officer as a Party 86

  4.6 Sovereign Immunity 87

  4.7 United States as a Defendant 87

  4.8 Disposing of Federal Lands 87

  4.9 Color of Title Act 88

  4.10 Public Law 120 88

  4.11 Small Tracts Act 88

  4.12 Researching the Laws 89

  4.13 Court Reports 90

  4.14 Legal Research 90

  4.15 Judicial Notice 92

  4.16 Evidence 93

  4.17 Presumptions 94

  4.18 Common Presumptions 95

  4.19 Survey Systems Present in the United States 97

  4.20 Conclusions 100

  Bibliography 100

  Notes 100

  Chapter 5 Creation and Interpretation of Metes and Bounds and other Nonsectionalized Descriptions 102

  5.1 Introduction 102

  5.2 Methods of Creating Metes and Bounds or Nonsectionalized Descriptions 106

  5.3 Metes Descriptions 106

  5.4 Bounds Descriptions 109

  5.5 Combination Metes and Bounds Descriptions 110

  5.6 Strip Descriptions and Stationing 111

  5.7 Descriptions by Reference 112

  5.8 Aliquot Descriptions 112

  5.9 Other Means of Creating Boundaries in Descriptions 114

  5.10 Nomenclature in Metes and Bounds Descriptions 116

  5.11 Adjoiners 124

  5.12 Deed Terms for Curves 124

  5.13 Lines and Their Elements 126

  5.14 Tax Descriptions and Abbreviated Descriptions 133

  5.15 Subdivision Descriptions 135

  5.16 Parcels Created by Protraction 137

  5.17 Features of Platting Acts 137

  5.18 Writing Land Descriptions 138

  5.19 Early Surveys 139

  5.20 Priority of Calls in Metes and Bounds Surveys 141

  5.21 Applying Priority Calls 142

  5.22 Conclusions 144

  Notes 145

  Chapter 6 Creation and Retracement of General Land Office (GLO) Boundaries 146

  6.1 Introduction 146

  6.2 Original Surveys and Corrective Surveys 149

  6.3 Law, Manuals, and Special Instructions 149

  6.4 Effect of Manuals on Resurveys 150

  6.5 History of The Public Land Survey System 151

  6.6 Testing Ground: The Seven Ranges 153

  6.…