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 1: Boundaries enjoy a long history

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.