legal aspects of land surveying ceu/pdh

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LEGAL ASPECTS OFLAND SURVEYING

BY

DR. TONY NETTLEMAN, PSM, ESQ.

CN | www.CNettleman.net

FEDERAL COURT - LEVELS

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


STATE SUPREME COURTS

• May or may not have to hear the case.• Justices (odd number).• In Massachusetts, the Governor just

nominated Judge Ireland to be Chief Justice


JUNIOR VS SENIOR

• P buys from A in 1950 “the westerly 50 feet of lot a”

• W buys from A in 1960 “the easterly 50 feet of lot a”


SIMALTANOUS CONVEYANCES

• Typically in platted subdivisions

• First, look for blunders

• Then compare the record and bearing distances to compute new values


DEED VS DESCRIPTIONDeed Description

Fig 1: Deed

Fig 2: Description


DEED CLAUSES• Premises clause:

The opening paragraph of a deed, setting forth the date of execution of the deed, the parties to the deed, and, in states that so require, the addresses of the parties.

• Granting clause: A clause that contains the words of conveyance expressing the grantor’s intention of transferring the real property. It also includes the recital of consideration and description of the property to be conveyed.

• Tenendum clause:A clause indicating the improvements that are being conveyed together with the land, such as the buildings built on the land.


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


OPEN + NOTORIOUS

• Acts of entry have to reasonably inform an attentive landowner that someone is on her property

• Notice such as cultivation, enclosure, or improvement

• The sleeping theoryFig 2: Elmer Fudd


PRINCIPLE 1

• The grantor can only convey what he owns to the grantee

• If the person conveys 200 acres but only owns 160 acres, then only 160 acres is transferred

• If the person owns a half interest as TIC, then only a half interest is conveyed


CHAIN OF TITLE

• Traces the grantor/grantee relationship backwards from the most current transfer

• Is important because anyone can file a deed at a courthouse

• Many states limit the title search requirements but the surveyor may be required to go back much further

legal aspects of land surveying ceu/pdh

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