legal aspects of land surveying (v2)
TRANSCRIPT
CN | www.CNettleman.net CN | www.CNettleman.net
LEGAL ASPECTSOF
LAND SURVEYING
By
Dr. Tony Nettleman, PSM, Esq.
Copyright Nettleman Land Surveying, INC (2016) ©
CN | www.CNettleman.net
TOPICS FOR OUR LECTURE
• Court Systems
• History of Boundaries
• Boundary Creation
• Ownership Principles
• Estates in Land
• Conveyances
• Adverse Possession
CN | www.CNettleman.net
HISTORY OF BOUNDARIES
Fig 1: Prehistoric boundaries Fig 2: Modern boundaries
CN | www.CNettleman.net
FEDERAL COURT - LEVELS
Fig 8: Hierarchy of U.S. Federal Courts
U n ite d S ta te s D is trict C o u rts
U n ited S ta te s C o urts o f A pp e a ls
U n ited S ta tes S up re m e C o u rt
CN | www.CNettleman.net
Boundaries are Created Only Once
Fig 3(a) and 3(b): Two land survey plats
CN | www.CNettleman.net
HOW ARE BOUNDARIES CREATED?
• By Action
• By Words
• By Law
CN | www.CNettleman.net
PRIORITY OF CALLS1) Lines actually run on the ground by the creating
surveyor(s)
2) natural monuments or landmarks
3) artificial monuments and established lines, marked or surveyed
4) Calls for adjoining tracts that are senior in title
5) calls for courses and distances
6) designation of quantity
CN | www.CNettleman.net
THE INTRODUCTION OF THE TORRENS SYSTEM
• 1858 – SA passed the Real Property Act – Torrens as R-G
• Legal profession in uproar – one judge (Boothby J) actually removed from office in relation to his treatment of the Torrens system (1867)
• Now in NZ, Canada, Malaysia, Singapore, Hong Kong, Israel – didn’t make it in most of the USA (is in Iowa)
• First introduced into NSW 1862 – later amendments consolidated into the Real Property Act 1900
CN | www.CNettleman.net
DEED AND DESCRIPTION• Deed: instrument or document by which a
property interest in conveyed
• Description: text inside deed that defines the interest(s) being conveyed
CN | www.CNettleman.net CN | www.CNettleman.net
ESTATES IN LAND
Estates in land fall into two catagories: freehold estates and non-freehold estates. With those two categories,
many types of conveyances are possible
CN | www.CNettleman.net
SIMALTANOUS CONVEYANCES
• Typically in platted subdivisions
• First, look for blunders
• Then compare the record and bearing distances to compute new values Fig 3: Subdivision Plat
CN | www.CNettleman.net
WHAT IS ADVERSE POSESSION?
• The transfer of interest in land without the consent of the prior owner and even in spite of the dissent of such owner
Fig 1: Kids Playing Tug-of-War