By Walter G. Robillard
The re-creation of Brown's Boundary regulate and criminal Principles has been up-to-date to mirror ongoing adjustments in surveying expertise and surveying legislations, significantly through including water boundary specialist George Cole as a contributor to redesign info on Riparian and Littorial obstacles. also, a brand new appendix has been brought containing a finished record of surveying books which were referenced in proceedings and felony judgements as persuasive authority through the years. it really is imperative examining for college students and practicioners learning for the basics of Land Surveying licensure exam.
Chapter 1 historical past and idea of barriers (pages 1–34):
Chapter 2 How obstacles are Created (pages 35–52):
Chapter three possession, move, and outline of actual estate and Accompanying Rights (pages 53–80):
Chapter four obstacles, legislations, and comparable Presumptions (pages 81–98):
Chapter five construction and Interpretation of Metes and limits and different Nonsectionalized Descriptions (pages 99–142):
Chapter 6 production and Retracement of GLO obstacles (pages 143–187):
Chapter 7 Federal and kingdom Nonsectionalized Land Surveys (pages 188–225):
Chapter eight finding Easements and Reversions (pages 226–251):
Chapter nine Riparian and Littoral obstacles (pages 252–280):
Chapter 10 Retracing and “Resurveying” Sectionalized Lands (pages 281–336):
Chapter eleven finding Sequential Conveyances (pages 337–385):
Chapter 12 finding at the same time Created limitations (pages 386–435):
Chapter thirteen finding blend Descriptions and Conveyances (pages 436–461):
Chapter 14 function of The Surveyor (pages 462–477):
Chapter 15 The Ethics and ethical duties of Boundary production and of Retracements (pages 478–487):
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Additional info for Brown's Boundary Control and Legal Principles
The third element, depth, in addition to surface rights, has been interpreted by the courts to include subsurface rights in minerals, waters, and passage, as well as aerial rights and the space above the land itself. English common law and the courts in the United States also recognize a fourth dimension: time. Time can describe or indicate the duration of the legal rights in real property that the vendor has to convey. Since ancient times, land has been considered as immovable or fixed in position.
The holder of the life estate is obligated to pay taxes, to make all necessary repairs, and in some instances to provide the necessary insurance to protect the property. A life tenant may convey any and all interests possessed but cannot encumber the property beyond the life conveyance terms. All conveyances purporting to convey any part of the remainder estate, without the prior approval of the remainderman, are void. A surveyor should never go beyond the words in the document. In Pennsylvania, some land was sold with quitrent; that is, the purchaser had to pay the seller a regular quitrent (a payment in money at specified intervals, theoretically, forever).
Whenever an estate is in question, the court attempts to convey a perfect estate or as large an estate as possible. Although the final decision is a legal one, it is important that surveyors or other people who research land records have knowledge of possible legal implications. In areas where surveyors commonly research legal records needed to conduct a survey, they should be able to recognize wording that could affect the interests of their client. If a researcher neglects to call attention to a possible problem and the client suffers damages, the researcher could be held liable and responsible.