History and Concept of Boundaries January 20, 2015

Boundaries created by Action Place monuments, drawn on plats/notes Writings Describe corners/monuments in deed, legal Law Create, modify and relocate modern boundaries

Principle 1: Boundaries enjoy a long history

Principle 2: A surveyor creates boundaries. Not Property Disputes to arise over interpretation of boundary locations.

Principle 3: Boundaries may be macro or micro Macro-National, State, County Micro-Individual Properties, Rights to Properties

Principle 4: A landowner can only convey property for which they have title. Title – Unique to English law Originate from: Conquest Grants from foreign power Grants from original states Grants from US government Newly created lands

Title-vehicle by which one acquires an estate Property- Corporeal-Tangible Incorporeal-Intangible Rights-Mineral, Water Rights, Interest-lien holder, easement Regulated by State Law Principle 4: A landowner can only convey property for which they have title.

Estate title Fee Simple Absolute Fee-estate can be inherited Simple- estate can be inherited by anyone Absolute-no conditions Principle 4: A landowner can only convey property for which they have title.

Estate title Fee Simple Absolute Fee-estate can be inherited Simple- estate can be inherited by anyone Absolute-no conditions Principle 4: A landowner can only convey property for which they have title.

Easements Affirmative Easements-Allows someone else to do something Negative Easements-precludes a title holder from doing something Appurtenant Easements-attaches to the property Easement in gross-attaches to the property Principle 4: A landowner can only convey property for which they have title.

Real and Personal Property Principle 4: A landowner can only convey property for which they have title.

Principle 5&6: Real Property controlled by State Law Lex Loci- Law of the place

Principle 7: Once boundaries are created the line may by law or actions of the landowners be changed Agreement Estoppel Acquiescence Adverse Possession Judicial Action

Principle 8, 9 & 10: There can only be one original description of the same property Retracements

Property Rights REAL AND PERSONAL PROPERTY DISTINCTION Real Property Fixed Immobile Permanent Personal Property Movable Consumable

Role of the Surveyor CREATION OF BOUNDARY LINES Boundary lines are created by surveyors; property lines are created by law

Role of the Surveyor A boundary is a closed geometric figure. This allows an entity to claim rights within this boundary. Monuments are frequently used to identify the corners as evidence of the boundary. Once a surveyor has created a boundary, it remains in perpetuity (changes may be made in the future). This boundary separates the rights to be claimed by two entities. Once created, another surveyor attempts to reconstruct the intent and location of the boundaries. The later surveyor, after consideration, gives his/her OPINION of the location of the boundaries. In the USA, only courts have the authority to determine specifically the location of retraced boundary lines.