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History and Concept of Boundaries

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.

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History and Concept of Boundaries

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  1. History and Concept of Boundaries January 20, 2015

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

  3. Principle 1: Boundaries enjoy a long history

  4. Principle 1: Boundaries enjoy a long history

  5. Principle 1: Boundaries enjoy a long history

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

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

  8. 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

  9. Principle 4: A landowner can only convey property for which they have title. • 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

  10. 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

  11. 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 person

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

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

  14. Principle 7: Once boundaries are created the line may by law or actions of the landowners be changed • Agreement • Acquiescence • Adverse Possession • Judicial Action http://www.lrc.ky.gov/statutes/chapter.aspx?id=39261

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

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

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

  18. 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.

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