Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

Legal Aspects of Land Surveying (v2)

933 views

Published on

Welcome to the fun, exciting world of Legal Aspects! This hour CEU/PDH seminar covers a wide variety of legal topics including court cases/statutes, history of boundaries, types of ownership, deeds + descriptions, conveyances, boundaries and more! Learn using practical examples, beautiful slides and key legal principles

Published in: Education
  • Be the first to comment

Legal Aspects of Land Surveying (v2)

  1. 1. CN | www.CNettleman.netCN | www.CNettleman.net LEGAL ASPECTS OF LAND SURVEYING By Dr. Tony Nettleman, PSM, Esq. Copyright Nettleman Land Surveying, INC (2016) ©
  2. 2. CN | www.CNettleman.net TOPICS FOR OUR LECTURE • Court Systems • History of Boundaries • Boundary Creation • Ownership Principles • Estates in Land • Conveyances • Adverse Possession
  3. 3. CN | www.CNettleman.net HISTORY OF BOUNDARIES Fig 1: Prehistoric boundaries Fig 2: Modern boundaries
  4. 4. CN | www.CNettleman.net FEDERAL COURT - LEVELS Fig 8: Hierarchy of U.S. Federal Courts U n it e d S t a t e s D is t r ic t C o u r ts U n it e d S ta t e s C o u r t s o f A p p e a ls U n it e d S t a t e s S u p r e m e C o u rt
  5. 5. CN | www.CNettleman.net Boundaries are Created Only Once Fig 3(a) and 3(b): Two land survey plats
  6. 6. CN | www.CNettleman.net HOW ARE BOUNDARIES CREATED? • By Action • By Words • By Law
  7. 7. CN | www.CNettleman.net PRIORITY OF CALLS 1) Lines actually run on the ground by the creating surveyor(s) 2) natural monuments or landmarks 3) artificial monuments and established lines, marked or surveyed 4) Calls for adjoining tracts that are senior in title 5) calls for courses and distances 6) designation of quantity
  8. 8. CN | www.CNettleman.net THE INTRODUCTION OF THE TORRENS SYSTEM • 1858 – SA passed the Real Property Act – Torrens as R-G • Legal profession in uproar – one judge (Boothby J) actually removed from office in relation to his treatment of the Torrens system (1867) • Now in NZ, Canada, Malaysia, Singapore, Hong Kong, Israel – didn’t make it in most of the USA (is in Iowa) • First introduced into NSW 1862 – later amendments consolidated into the Real Property Act 1900
  9. 9. CN | www.CNettleman.net DEED AND DESCRIPTION • Deed: instrument or document by which a property interest in conveyed • Description: text inside deed that defines the interest(s) being conveyed
  10. 10. CN | www.CNettleman.netCN | www.CNettleman.net ESTATES IN LAND Estates in land fall into two catagories: freehold estates and non-freehold estates. With those two categories, many types of conveyances are possible
  11. 11. CN | www.CNettleman.net SIMALTANOUS CONVEYANCES • Typically in platted subdivisions • First, look for blunders • Then compare the record and bearing distances to compute new values Fig 3: Subdivision Plat
  12. 12. CN | www.CNettleman.net 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

×