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It is possible that adjoining sections of the road have clearly existing occupation evidence and their determination of the particular stretch merely ...
The first thing that must be established is whether the land was surveyed by gov't survey or was the land in private ownership when the boundaries of ...
I agree with Mr. Day. Remember, even if your state has no statutes of limitation or repose the definition of ALIENATION in Black's clearly refers to ...
Was the stationing surface measure to enable cross sectioning and volumn calcs or was it horizontal as used in parcel descriptions?I have seen R/W pla...
As possession is nine tenths of the law, your question is dealing with the remaining one tenth and that is subject to the vagaries of our legal system...
Another quote from CooleyAll history teaches us that different peoples, or even the same people in different stages of advancement, are not to be gove...
As far as that goesThe judge is right in that the surveyor does not establish title, that was done by the one who occupies and controls the land, the ...
Wild Deeds...There are situations where an adverse possessor who fails to file an affidavit recording his title defeats his own valid sale to a buyer ...
Also Backman & ThomasBackman & Thomas's "A Practical Guide to Disputes Between Adjoining Landowners - Easements", published by Matthew Bender ...
Title law and Boundary lawThere is no true distinction between title law and boundary law except that lawyers cannot determine the existence nor bound...
> Grantee is not legally able to accept ownership.........minor, insane, etc.A court can appoint a 'guardian ad litem' to protect the interests of ...
The 'Statute of Frauds' garbage.Here in the US, the statute of frauds is applied differently than in England, Canada, Australia or New Zealand.Here, w...
LRDAY is flat wrong about unwritten rights.Unwritten rights to land here in the US do exist and are the subject of Black's definition of Alienation as...
You might want to check Black'sI have posted this before but you might have missed it:Alienation In real property law, the transfer of the property an...
For those who think we should monument the deed line and show any physical evidence of possession that differs from that deed line as an 'encroachment...
What are your state laws regarding statutes of repose or limitation? You do realize that, because you are licensed under your state laws, you need to...
Stahl, et alNo wonder you get a 'brain pain' when you read law school textbook information on appraisal of title.There is no rational basis for perpet...
> I have had to do "reverse encroachment surveys", that is what it was called in the task order. Due to erosion, the reservoir had crossed over the...
The function of a land description is to enable future surveyors to follow in the footsteps of the original surveyor and also enable future surveyor's...
An encroachment, by definition, is an illegal act. Citizens in the US are innocent until proven guilty in a court of law. A surveyor is not a judge ...