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
Author(s): Donald A. Wilson
Publisher: CRC Press
Year: 2021
Language: English
Pages: 540
City: Boca Raton
Cover
Half Title
Title Page
Copyright Page
Dedication
Contents
Preface
About This Book
Acknowledgments
About the Author
SECTION I: Land Titles and Surveys
Chapter 1: Introduction
Part I: What It Is
The Rivers Decision
Part II: The Court System
Chapter 2: The Elements of Title and Its Significance
Title to Land Cannot Exist without Boundary
Title Is Key
Title, Rights, and Interests in Land
The Creation of Title
Means of Acquiring or Transferring Title to, or Rights in, Land
Title by Treaty
Title by Public Grant (e.g., Patent from the Sovereign)
Title by Private Grant (Such as by Deed)
Title by Will (from the Decedent)
Title by Descent (Intestate Succession)
Title by Involuntary Alienation (Bankruptcy or Foreclosure)
Title by Adverse Possession or Unwritten Agreement
Title by Eminent Domain (Public Taking with Compensation)
Title by Escheat (Property Reverting to the State)
Title by Dedication (e.g., Easements for Public Use)
Title with the Element of Estoppel Entering
Title through Accretion
Title by Parol Gift (Followed by Adverse Possessionor Acts of Parties)
Title through Operation of Law
Title by Custom
Easements by Custom
Title by Prior Appropriation
Title and Its Accompanying Boundaries
Establishing Rights of Parties
How Boundaries Are Established
The Elements of the Definition
Origination
What Does It Mean to Establish a Boundary?
Establish
Connection of Title and Boundary
Survey and Title Related
Chapter 3: Types of Surveys
What Is an Original Survey, and What Makes It Unique?
Federal Definition
Resurvey
Resurvey Definition
Tract Segregation: Tract Survey and Description of Alienated Lands
Concerning Resurveys
Retracement Survey
Local Survey
Independent Survey
Indefinite Survey
No Survey
The Flawed Survey
No Survey
Fraudulent Surveys
What Is a Fraudulent Survey?
Definition
The Benson Syndicate
The Oregon Land Fraud Scandal
The Yazoo Land Scandal
Pine Barrens Speculation
Concern for the Surveyor
Erroneous Survey
Overview of Early Surveys in Hawaii
The Great Mahele of 1848
SECTION II: Original Survey
Chapter 4: The Original Survey
Creating the Footsteps to Be Followed
The Survey
What Is an Original Survey?
How Are Original Surveys Created?
The Colonial System
The Public Land Survey System (PLSS)
Manual of Instructions
The Supplement to the Manual
Special Instructions
What Is Not an Original Survey
Example
The Significance of the Original Survey
What If the Original Monuments Are Truly Gone?
Unsurveyed Land
Presumption That a Surveyor Did Their Job Faithfully
Lack of Significance of a Flawed Survey
Decisions Condemning Non-Use of Original Survey
Chapter 5A: Necessity of the Original Survey
Effect of Surveying without Considering the Original
First Statement of Principle Containing the Controlof the Original Survey.
Survey Failure in the PLSS
The Court System and a Standard
Conclusions of Law
Why It Is Needed
Some Supporting Court Decisions DemonstrateThis as a Requirement in State Law
Surveyor’s Intention
Principle
Chapter 5B: Notice
Actual Notice
Constructive Notice
Inquiry Notice
Principles Regarding Notice
Chapter 5C: Summary of Court Decisions Regarding Controlof Original Survey
The Doyle Case
The Lost Corner
Resurvey Cannot Change Lines
Magnetic Declination in Retracement of Original Lines
Governing Rules and Laws at the Time of Creation, Title, or Survey
Chapter 6: Protracted Surveys
Protraction within the PLSS
Plats of Protraction Diagrams
Protraction within Early Grants Prior to, or Separate from, the PLSS
Miscellaneous Protractions
Court Procedure in Ascertaining Location; Protraction vs. Actual Survey
Original Survey Is without Error
More Than One Original Survey – The Perimeter Plus the Interior Lots
Locating Blocks of Land
Working with an Erroneous Survey
Chapter 7A: Special Cases: In General
Legislative Acts
Definition
Significance to the Land Surveyor
Military Bounty Lands
Definition
Bounty Land Served as Both an Incentive and a Reward for Military Service.
Applications for Indian Bounty Lands
French and Indian War
Where to Find Records Which Include the Original Surveys
Federal Land Patents
Procedure
Court Decisions
Chapter 7B: Special Cases: Land-Based Situations
Roads, Streets, and Highways
Highways
Definition
Case Law Definition
Road Lines (Highway Right-of-Way)
Highway Creation
What If Not Created by Survey?
Highway Creation
Creation by Grant
Creation According to the Prevailing Statute at the Time (Statutory Layout)
Creation through Dedication (AND Acceptance)
Creation through the Eminent Domain Process, by the Appropriate Authority
Through Prescriptive Use
By Layout over Public Land
According to Legislative Act
Through Custom
Rights of Way
Relocating a Private Right-of-Way
Right-of-Way Line
Character of Right-of-Way Line
Road Layout Descriptions
Lack of Documentation
The Court, in Quoting Outside Authority, Included the Following in Its Decision
Statutory Guidance
Court Interpretations
Pertinent Court Decisions
Policy Guidelines
Railroads
Cemeteries and Burial Sites
Condominiums, Party Walls
Party Walls
Definition: Party Wall
Ownership and Use of Airspace
Easements through Air
Glide Path
Undefined Rights in Airspace
Air Rights
Natural Occurrences Affecting Results
Subterranean Rights
Mineral Rights and Interests
Mineral Rights
Mineral Surveys
Chapter 7C: Special Cases: Water-Related Situations
Water Boundaries and Riparian Issues
Mill Sites
Mills, Mill Rights, and Mill Privileges
Selected Court Decisions
Definition of Mill Privilege
Mill Site
Meander Lines
Meander Lines in the PLSS
Definition
Meander Corner
How Surveyed, and Where Corners Were Placed
Meander Posts
Variation among States
Line Fixed by Reference to Meander Call
Rolling Easements
Ferry Landings
Shoreline Division
Wharves and Harbor Rights
Harbors and Roadsteads
Bulkhead Line
Bulkhead Lines on Inland Waters
Pierhead Lines
Oil and Gas Rights (Minerals)
Wind Farms
Chapter 7D: Special Cases: Land and Water Uses
Aquaculture
Lobster Wars/Oyster Wars
Clam Flats
Mussel Farms
Oyster Lands
Oyster Beds
Oyster Farms
Ownership of Oyster Bed
Survey of Oyster Bed
Real Property vs. Personal Property
Extended Litigation Based on Early Patents
Fish Farms
Fish Farming or Pisciculture
Mariculture
Dockominiums and Boat Slips
Inland Waters vs. Tidal Waters
Real Property vs. Personal Property
Definition
SECTION III: Locating Original Surveys and Related Information
Chapter 8: Finding the Original Survey
Combinations of Metes & Bounds and Rectangular Surveys and Descriptions
Variations
How to Get It
United States Patents and Grants
Original Survey Records
Resurvey Records
Importance of Plat and Field Notes
Records Transferred to States
General Practices
General Rules
Retracements
Other Patents
An Unsuccessful Attempt at Locating Critical Evidence: The Forbes Purchase
A Successful Attempt at Locating Critical Evidence: The Popham Colony
Systems of Government Established the Foundation of Original Records
Non-Federal Grants
Systems of Land Tenure
The Value of Field Notes
Noteworthy Decisions Regarding Field Notes
Electronic Field Notes
Summary of Usual Sources of Various Types of Information
Notes According to Category
Title by Treaty
Title by Public Grant (e.g., Patent from the United States)
Title by Private Grant (Such as by Deed)
Title by Will (from the Decedent)
Title by Descent (Intestate Succession)
Degrees of Kindred
Consanguinity
Title by Involuntary Alienation (Bankruptcy or Foreclosure)
Title by Adverse Possession or Unwritten Agreement
Title by Eminent Domain (Public Taking with Compensation).
Title by Escheat (Property Reverting to the State)
Title by Dedication (e.g., Easements for Public Use)
Title with the Element of Estoppel Entering
Title through Accretion
Title by Parol Gift (Followed by Adverse Possession or Acts of Parties)
Title through Operation of Law N/A
Title by Custom
Title by Prior Appropriation
Unsurveyed Lands
What If the Original Survey Is No Longer Discernible?
Chapter 9: Retracing and Locating Original Surveys
Definition of Retracement
Lines of Agreement
Private
Treaties
What If the Original Corners Are Gone?
Thinking Outside the Box
Chapter 10: Failure to Find or Honor the Original Survey
Failure to Locate Original Corners, Lines, or Titles
A Dependent Resurvey Cannot Change a Boundary Line
A Boundary Line Agreement Cannot Change a Boundary Line
A Form of Agreement, an Agreed Line through Acquiescence
A Retracement Survey, Often Called a Resurvey, Cannot Change a Boundary Line
Footsteps Not Found, Remedy
Appendix A: Original Survey, by State
Appendix B: Notice Requirements, by State
References
Index
