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E-raamat: Original Survey: Recognition and Significance [Taylor & Francis e-raamat]

  • Formaat: 542 pages, 2 Tables, black and white; 18 Line drawings, black and white; 20 Halftones, black and white; 38 Illustrations, black and white
  • Ilmumisaeg: 30-Nov-2021
  • Kirjastus: CRC Press
  • ISBN-13: 9781003032557
Teised raamatud teemal:
  • Taylor & Francis e-raamat
  • Hind: 244,66 €*
  • * hind, mis tagab piiramatu üheaegsete kasutajate arvuga ligipääsu piiramatuks ajaks
  • Tavahind: 349,51 €
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Original Survey: Recognition and SignificanceSuurem pilt
  • Formaat: 542 pages, 2 Tables, black and white; 18 Line drawings, black and white; 20 Halftones, black and white; 38 Illustrations, black and white
  • Ilmumisaeg: 30-Nov-2021
  • Kirjastus: CRC Press
  • ISBN-13: 9781003032557
Teised raamatud teemal:
Taylor & Francis e-raamatudRohkem infot Taylor & Francis e-raamatute kohta
Raamatu kodulehekülg: https://www.taylorfrancis.com/books/9781003032557
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
Preface xv
About This Book xvii
Acknowledgments xix
About the Author xxi
SECTION I Land Titles and Surveys
Chapter 1 Introduction
3(10)
Part I What It Is
3(1)
The Rivers Decision
3(4)
Part II The Court System
7(6)
Chapter 2 The Elements of Title and Its Significance
13(18)
Title to Land Cannot Exist without Boundary
13(2)
Title Is Key
15(1)
Title, Rights, and Interests in Land
16(1)
The Creation of Title
16(1)
Means of Acquiring or Transferring Title to, or Rights in, Land
16(4)
Title by Treaty
16(1)
Title by Public Grant (e.g., Patent from the Sovereign)
16(1)
Title by Private Grant (Such as by Deed)
17(1)
Title by Will (from the Decedent)
17(1)
Title by Descent (Intestate Succession)
17(1)
Title by Involuntary Alienation (Bankruptcy or Foreclosure)
17(1)
Title by Adverse Possession or Unwritten Agreement
17(1)
Title by Eminent Domain (Public Taking with Compensation)
18(1)
Title by Escheat (Property Reverting to the State)
18(1)
Title by Dedication (e.g., Easements for Public Use)
18(1)
Title with the Element of Estoppel Entering
18(1)
Title through Accretion
18(1)
Title by Parol Gift (Followed by Adverse Possession or Acts of Parties)
19(1)
Title through Operation of Law
19(1)
Title by Custom
19(1)
Easements by Custom
20(1)
Title by Prior Appropriation
20(1)
Title and Its Accompanying Boundaries
20(2)
Establishing Rights of Parties
22(2)
How Boundaries Are Established
24(2)
The Elements of the Definition
26(1)
Origination
26(1)
What Does It Mean to Establish a Boundary?
27(4)
Establish
27(1)
Connection of Title and Boundary
28(1)
Survey and Title Related
29(2)
Chapter 3 Types of Surveys
31(18)
What Is an Original Survey, and What Makes It Unique?
31(8)
Federal Definition
34(1)
Resurvey
34(1)
Resurvey Definition
34(1)
Tract Segregation: Tract Survey and Description of Alienated Lands
35(1)
Concerning Resurveys
35(1)
Retracement Survey
36(1)
Local Survey
36(1)
Independent Survey
37(1)
Indefinite Survey
37(1)
No Survey
37(1)
The Flawed Survey
38(1)
No Survey
39(1)
Fraudulent Surveys
39(10)
What Is a Fraudulent Survey?
39(1)
Definition
40(1)
The Benson Syndicate
40(2)
The Oregon Land Fraud Scandal
42(1)
The Yazoo Land Scandal
42(1)
Pine Barrens Speculation
43(1)
Concern for the Surveyor
43(1)
Erroneous Survey
43(1)
Overview of Early Surveys in Hawaii
44(1)
The Great Mahele of 1848
44(5)
SECTION II Original Survey
Chapter 4 The Original Survey
49(16)
Creating the Footsteps to Be Followed
49(2)
The Survey
49(1)
What Is an Original Survey?
50(1)
How Are Original Surveys Created?
51(4)
The Colonial System
51(3)
The Public Land Survey System (PLSS)
54(1)
Manual of Instructions
55(1)
The Supplement to the Manual
55(1)
Special Instructions
55(1)
What Is Not an Original Survey
55(1)
Example
57(1)
The Significance of the Original Survey
58(2)
What If the Original Monuments Are Truly Gone?
60(1)
Unsurveyed Land
61(1)
Presumption That a Surveyor Did Their Job Faithfully
62(1)
Lack of Significance of a Flawed Survey
62(1)
Decisions Condemning Non-Use of Original Survey
62(3)
Chapter 5A Necessity of the Original Survey
65(36)
Effect of Surveying without Considering the Original
65(1)
First Statement of Principle Containing the Control of the Original Survey
65(5)
Survey Failure in the PLSS
70(8)
The Court System and a Standard
78(1)
Conclusions of Law
78(4)
Why It Is Needed
82(19)
Some Supporting Court Decisions Demonstrate This as a Requirement in State Law
85(12)
Surveyor's Intention
97(1)
Principle
98(3)
Chapter 5B Notice
101(3)
Actual Notice
101(1)
Constructive Notice
101(1)
Inquiry Notice
101(2)
Principles Regarding Notice
103(1)
Chapter 5C Summary of Court Decisions Regarding Control of Original Survey
104(33)
The Doyle Case
105(2)
The Lost Corner
107(2)
Resurvey Cannot Change Lines
109(1)
Magnetic Declination in Retracement of Original Lines
110(26)
Governing Rules and Laws at the Time of Creation, Title, or Survey
136(1)
Chapter 6 Protracted Surveys
137(14)
Protraction within the PLSS
137(1)
Plats of Protraction Diagrams
138(1)
Protraction within Early Grants Prior to, or Separate from, the PLSS
138(1)
Miscellaneous Protractions
139(1)
Court Procedure in Ascertaining Location; Protraction vs. Actual Survey
140(1)
Original Survey Is without Error
140(1)
More Than One Original Survey- The Perimeter Plus the Interior Lots
141(4)
Locating Blocks of Land
145(1)
Working with an Erroneous Survey
145(6)
Chapter 7A Special Cases: In General
151(6)
Legislative Acts
151(1)
Definition
151(1)
Significance to the Land Surveyor
151(1)
Military Bounty Lands
152(5)
Definition
152(1)
Bounty Land Served as Both an Incentive and a Reward for Military Service
153(1)
Applications for Indian Bounty Lands
153(1)
French and Indian War
153(1)
Where to Find Records Which Include the Original Surveys
154(2)
Federal Land Patents
156(1)
Procedure
156(1)
Court Decisions
156(1)
Chapter 7B Special Cases: Land-Based Situations
157(40)
Roads, Streets, and Highways
157(1)
Highways
157(1)
Definition
157(1)
Case Law Definition
157(1)
Road Lines (Highway Right-of-Way)
158(1)
Highway Creation
158(2)
What If Not Created by Survey?
159(1)
Highway Creation
159(1)
Creation by Grant
159(1)
Creation According to the Prevailing Statute at the Time (Statutory Layout)
159(1)
Creation through Dedication (AND Acceptance)
159(1)
Creation through the Eminent Domain Process, by the Appropriate Authority
159(1)
Through Prescriptive Use
159(1)
By Layout over Public Land
159(1)
According to Legislative Act
160(1)
Through Custom
160(1)
Rights of Way
160(20)
Relocating a Private Right-of-Way
160(1)
Right-of-Way Line
160(1)
Character of Right-of-Way Line
161(15)
Road Layout Descriptions
176(1)
Lack of Documentation
176(3)
The Court, in Quoting Outside Authority, Included the Following in Its Decision
179(1)
Statutory Guidance
180(3)
Court Interpretations
183(1)
Pertinent Court Decisions
183(4)
Policy Guidelines
187(2)
Railroads
189(1)
Cemeteries and Burial Sites
189(1)
Condominiums, Party Walls
190(4)
Party Walls
192(1)
Definition: Party Wall
193(1)
Ownership and Use of Airspace
194(1)
Easements through Air
194(1)
Glide Path
195(1)
Undefined Rights in Airspace
195(1)
Air Rights
195(1)
Natural Occurrences Affecting Results
196(1)
Subterranean Rights
196(1)
Mineral Rights and Interests
196(1)
Mineral Rights
196(1)
Mineral Surveys
196(1)
Chapter 7C Special Cases: Water-Related Situations
197(25)
Water Boundaries and Riparian Issues
197(1)
Mill Sites
197(1)
Mills, Mill Rights, and Mill Privileges
197(1)
Selected Court Decisions
198(1)
Definition of Mill Privilege
198(1)
Mill Site
198(1)
Meander Lines
199(1)
Meander Lines in the PLSS
200(13)
Definition
200(1)
Meander Corner
200(1)
How Surveyed, and Where Corners Were Placed
200(1)
Meander Posts
200(1)
Variation among States
201(3)
Line Fixed by Reference to Meander Call
204(9)
Rolling Easements
213(3)
Ferry Landings
216(1)
Shoreline Division
216(1)
Wharves and Harbor Rights
216(1)
Harbors and Roadsteads
217(1)
Bulkhead Line
217(1)
Bulkhead Lines on Inland Waters
218(2)
Pierhead Lines
220(1)
Oil and Gas Rights (Minerals)
220(1)
Wind Farms
220(2)
Chapter 7D Special Cases: Land and Water Uses
222(119)
Aquaculture
222(113)
Lobster Wars/Oyster Wars
222(1)
Clam Flats
222(37)
Mussel Farms
259(3)
Oyster Lands
262(1)
Oyster Beds
263(2)
Oyster Farms
265(26)
Ownership of Oyster Bed
291(4)
Survey of Oyster Bed
295(34)
Real Property vs. Personal Property
329(6)
Extended Litigation Based on Early Patents
335(1)
Fish Farms
335(1)
Fish Farming or Pisciculture
335(1)
Mariculture
336(1)
Dockominiums and Boat Slips
336(5)
Inland Waters vs. Tidal Waters
336(1)
Real Property vs. Personal Property
337(1)
Definition
337(4)
SECTION III Locating Original Surveys and Related Information
Chapter 8 Finding the Original Survey
341(32)
Combinations of Metes & Bounds and Rectangular Surveys and Descriptions
341(1)
Variations
341(1)
How to Get It
342(1)
United States Patents and Grants
343(4)
Original Survey Records
343(1)
Resurvey Records
343(1)
Importance of Plat and Field Notes
344(1)
Records Transferred to States
344(1)
General Practices
344(1)
General Rules
345(1)
Retracements
345(2)
Other Patents
347(1)
An Unsuccessful Attempt at Locating Critical Evidence: The Forbes Purchase
347(2)
A Successful Attempt at Locating Critical Evidence: The Popham Colony
349(1)
Systems of Government Established the Foundation of Original Records
350(1)
Non-Federal Grants
351(1)
Systems of Land Tenure
352(1)
The Value of Field Notes
352(5)
Noteworthy Decisions Regarding Field Notes
357(1)
Electronic Field Notes
357(1)
Summary of Usual Sources of Various Types of Information
357(2)
Notes According to Category
359(7)
Title by Treaty
359(1)
Title by Public Grant (e.g., Patent from the United States)
359(1)
Title by Private Grant (Such as by Deed)
360(1)
Title by Will (from the Decedent)
360(1)
Title by Descent (Intestate Succession)
360(1)
Degrees of Kindred
361(1)
Consanguinity
362(1)
Title by Involuntary Alienation (Bankruptcy or Foreclosure)
363(1)
Title by Adverse Possession or Unwritten Agreement
364(1)
Title by Eminent Domain (Public Taking with Compensation)
364(1)
Title by Escheat (Property Reverting to the State)
364(1)
Title by Dedication (e.g., Easements for Public Use)
364(1)
Title with the Element of Estoppel Entering
365(1)
Title through Accretion
365(1)
Title by Parol Gift (Followed by Adverse Possession or Acts of Parties)
365(1)
Title through Operation of Law N/A
365(1)
Title by Custom
365(1)
Title by Prior Appropriation
366(1)
Unsurveyed Lands
366(1)
What If the Original Survey Is No Longer Discernible?
367(6)
Chapter 9 Retracing and Locating Original Surveys
373(6)
Definition of Retracement
373(1)
Lines of Agreement
374(1)
Private
374(1)
Treaties
374(1)
What If the Original Corners Are Gone?
375(2)
Thinking Outside the Box
377(2)
Chapter 10 Failure to Find or Honor the Original Survey
379(6)
Failure to Locate Original Corners, Lines, or Titles
379(1)
A Dependent Resurvey Cannot Change a Boundary Line
380(1)
A Boundary Line Agreement Cannot Change a Boundary Line
380(1)
A Form of Agreement, an Agreed Line through Acquiescence
381(1)
A Retracement Survey, Often Called a Resurvey, Cannot Change a Boundary Line
382(1)
Footsteps Not Found, Remedy
383(2)
Appendix A Original Survey, by State 385(94)
Appendix B Notice Requirements, by State 479(22)
References 501(2)
Index 503
Donald A. Wilson, has just established a new company called Donald Wilson Consulting, LLC. He was previously president of Land & Boundary Consultants, and has been in practice for over 60 years, consulting to groups throughout the United States and Canada. He is both a licensed land surveyor and professional forester, having conducted more than 500 programs on a variety of topics, including description interpretation, boundary evidence, law, title problems, and forensic procedures. Mr. Wilson has more than 200 technical publications in several areas, and has been involved with over 60 books, which include titles on Maine history and several books on fishing. Besides being co-author of Evidence and Procedures for Boundary Location and Boundary Control and Legal Principles, he is author of Deed Descriptions I Have Known But Could Have Done Without, Easements and Reversions, Interpreting Land Records and Forensic Procedures for Boundary and Title Investigation. His latest titles are Easements Relating to Land Surveying and Title Examination, Boundary Retracement, Processes and Procedures and a co-authorship entitled, Land Tenure, Boundary Surveys and Cadastral Systems. Don is an instructor for RedVector's on-line professional courses and a regular presenter at the University of New Hampshire's Professional Development Program. He is lead instructor in Surveyors Educational Seminars. In his professional practice, Don has testified numerous times, in a variety of courts, on boundary and title matters.
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