From 6 Miller & Starr Cal. Real Est. å¤ 18:1 (4th ed.):
Title established. The title established by adverse possession is a new and absolute fee title. The adverse possessor is not a
successor in interest of the former owner even though his or her title may be of the same nature and extent. fn18
fn 18: Civ. Code, å¤å¤ 1006, 1007.
Williams v. Sutton, 43 Cal. 65, 73, 1872 WL 1124 (1872); Treager v. Friedman, 79 Cal. App. 2d 151, 173, 179 P.2d 387 (1st Dist.
1947).
Mark Mayer, post: 399570, member: 424 wrote: A system that has merit in a fully urbanized and densly populated city state may not work so well in the wide open spaces of America.
The differences in geography contribute, but I think the biggest reason it won't here is the attitude towards the government in the wide open spaces.
Guvmint? We don't want no stinkin guvmint!
Boundaries are not for surveyors, they are for land owners. Our law and our society does not think it is appropriate to require a land survey be hired every time a question of boundary comes up. The monuments are set to show the property owners ( on both sides) where the boundaries are. Land is occupied and transfered based on this visible markers.
Singapore is a more wealthy country than the US and perhaps property owners are able to afford the services of a land surveyor on a more regular basis, but untill we can interest the federal government in a land surveyor stimulus package we must rely on what the property owners can see.
In the first edition of BCLP (Brown & Eldridge), he doesn't provide the distilled list. It goes on for 11 pages (really 22 in the book). He starts with Senior/Junior rights, mentioning unwritten rights later. I don't really care for the term "unwritten rights" preferring the legal terms of art found in the authorities which would be any of the establishment doctrines or adverse possession as the circumstances warrant. At some point every boundary becomes unwritten to some degree due to our inability to be perfect.
The Second Edition of BCLP (Brown, Landgraf, and Uzes) appears to be the first time he provides a distilled list and he puts right of possession at the top. This is substantially the Westlaw outline inverted. I would follow Westlaw as a workflow from lowest to highest bearing in mind an established boundary supercedes a described boundary although the authorities don't consider them a different thing. I would change Right of Possession to Established Boundary (by one of the establishment doctrines or adverse possession).
4.10 Call for a Plot
I think this proves my point that has stretched to 38 pages.
Need I say more?
FrancisH, post: 400904, member: 10211 wrote:
Need I say more?
No, you've said enough. I think we're good.
I've got a copy of the first and second editions of BCLP on their way courtesy of an eBay seller.
The ones I scanned are in our library at work.
FrancisH, post: 400904, member: 10211 wrote: 4.10 Call for a Plot
I think this proves my point that has stretched to 38 pages.
Need I say more?
No, I think your "Call for a Plot" sums up your position nicely. Thanks for playing! 🙂
Thus a call for survey is usually given preference over a call for a natural monument....
....
....
....
wait for it, wait for it....someone will twist the written words to suit their laziness....
Gene Kooper, post: 400915, member: 9850 wrote: Thanks for playing! 🙂
What do we have for him Johnny?
The Vince Guaraldi Trio is playing on the Hallmark channel right now 🙂
[MEDIA=youtube]LZY9_Xr5XPA[/MEDIA]
Nate The Surveyor, post: 400906, member: 291 wrote: I don't know. But, this could contribute....
We like the stove-top recipe since there's just two of us now.
Boston Pops is playing Sleigh Ride YEAH!
It's liberating, letting go to indulge in inaccuracy - so fulfilling.
Peter Ehlert, post: 400923, member: 60 wrote: [MEDIA=youtube]LZY9_Xr5XPA[/MEDIA]
Clever arrangement doo wop with an early N'awlins backbeat mambo
We have a young teen so I heard the original pop version before on the car radio.
