Easements Relating to Land Surveying and Title Examination
By: Donald A. Wilson (author)Hardback
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The most up-to-date guide to easements and reversions written specifically for the land surveyor,
Easements Relating to Title Examination and Land Surveying succinctly and incisively covers easements and reversions, written specifically for the land surveyor. Covering the various forms of easements, their creation, reversion, and termination, the book includes numerous case studies offering examples of situations where such easements resulted in litigation and how the cases were decided by the courts. The book includes coverage of undescribed easements and how to properly write new easements.
DONALD A. WILSON is the President of Land & Boundary Consultants, Inc., in Newfields, New Hampshire.
Preface ix Acknowledgments xiii 1 Introduction 1 Rights and Interests in Land; Transfer of Ownership 1 Means of Transferring or Obtaining Title or Rights in Land 3 2 Easements in General 8 Definition: What is an Easement? 8 Easement Terminology 20 Intermittent Easements 25 3 Types of Easements 29 Right of Way 29 Right of Way Line 31 4 Creation of Easements 45 Express Grant 46 Reservation or Exception 49 Agreement or Covenant 51 Implication 51 Estoppel 62 Prescription 63 Eminent Domain 72 Custom 74 Vote of a Governing Body 82 5 Termination of Easements 85 Expiration 85 Release 86 Merger of Title 87 Abandonment 87 Estoppel 90 Prescription or Adverse Possession 90 Destruction of the Servient Estate 91 Cessation of Necessity 92 Eminent Domain 92 Frustration of Purpose 92 Overburden 94 6 Easements and Descriptions 96 General 96 Void Instruments 100 Interpretation 102 Compilation 105 7 Problem Easements 108 Undescribed Easements, Blanket Easements 108 Locating an Undefined Easement 109 Hidden Easements 110 Rolling Easements 111 Shore Road Allowances in Canada 114 The New Zealand Example 115 8 The Process of Reversion 117 Estate in Reversion 117 Possibility of Reverter 117 9 Reversion of Easements 122 Highways 124 Flowage 124 Railroads 125 10 Reversion Relating to Highways (and to Other Types of Rights of Way) 127 Discontinuance or Abandonment 128 Actual Highway Abandonment 128 Procedure 129 Presumption of Law 131 Overcoming the Presumption 135 Abandonment, Strictly Speaking 137 11 Rules of Locating and Defining Reversions 140 Basic Rule 141 Curved Street 142 Street Intersection 142 Ownership at Intersection with Reversion Only at One Street 143 Curved Street Intersection 144 Lots at an Angle Point in the Road 144 Lots Adjoining a Subdivision Boundary 145 Marginal Road 146 Special Cases 146 Problem Cases 147 Documents Indefinite or Not Available 150 Summary of Procedure for Determining Reversion Rights in Vacated Highways 151 12 Easements and the Land Surveyor 153 ALTA/ACSM Standards 153 Right of Way as Boundary Line 154 Retracement of Right of Way Line 154 Retractment of Original Survey of Highway 155 Easement Plans are Land Surveys 155 Liability of the Land Surveyor 156 Easements are Similar to Other Land 156 13 Easements and the Title Examiner (or Records Researcher) 157 Items Outside the Period of Search 157 Items Not on the Public Record at the Court House 157 Items to Be Shown by an Accurate Survey 158 Implied Dedication and/or Acceptance 158 What Insurance Does Not Cover 158 Liability of the Title Examiner 162 14 Case Studies 164 Case #1 Who Owns the Road? 164 Case #2 Who Owns the Land? 168 Case #3 How Much Research is Necessary? 170 Case #4 How Wide is the Right of Way? 173 Case #5 When Does a Road Become Not a Road? 179 Case #6: Presumption of Ownership to Centerline Overcome 182 Case #7 Right of Way Created by Estoppel 187 Case #8 The Marginal Road, a Special Case 191 Case #9 Road Constructed Outside of Layout 194 Case #10 Reversion of a Cemetery Lot 196 Case #11 Determining Title to Land Parcel When a Road is Relocated 205 Case #12 Easement by Agreement Resulting in Cessation of Necessity 214 Case #13 Road Shown on Subdivision Plat Not a Public Way 218 Case #14 Railroad as Abutter Not Receiving One-Half of Vacated Highway 225 Case #15 Overburdening an Easement Causing Its Termination 231 Case #16 Major Expansion of Development Not Causing an Overburden 238 Case #17 Proprietor's Way 242 Case #18 Easement by Custom 249 References 259 For Further Reference 260 Glossary 264 Index 281
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- ID: 9781118349984
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