The Original Survey: Recognition and Significance

Description

The most comprehensive treatment of key elements of original surveys, and the research required to find them, which is an important issue in retracement surveys that has never been fully explored. It will help surveyors become familiar with the proper identification and requirements and find the appropriate evidence using proper procedures. The most comprehensive treatment of key elements of original surveys and the research required to find original surveys, is an important issue in retracement surveys that has never been fully explored. It emphasizes the importance and the necessity of determining the creation of the title and its sources along with its accompanying survey or location. The case studies included in the book discuss the consequences when investigators do not follow complete research procedures, and act upon less information, even though the law requires otherwise. This is a practical guide for surveyors to become familiar with the proper identification and requirements and find the appropriate evidence using the right procedures. This book is intended for the practicing surveyor and will be useful to the legal profession, historical researchers, federal land departments, and others interested in surveys. Features This is the first book that focuses on identifying original surveys, written by one of the top consultants in the United States, who brings real case examples of both successes and failures Explains land separation techniques when more than one has been used previously. Includes numerous case examples providing context for surveyors and attorneys Discusses the relation between title creation and their transfer Addresses federal versus private surveys, their differences, and similarities Cover Half Title Title Page Copyright Page Dedication Contents Preface About This Book Acknowledgments About the Author SECTION I: Land Titles and Surveys Chapter 1: Introduction Part I: What It Is The Rivers Decision Part II: The Court System Chapter 2: The Elements of Title and Its Significance Title to Land Cannot Exist without Boundary Title Is Key Title, Rights, and Interests in Land The Creation of Title Means of Acquiring or Transferring Title to, or Rights in, Land Title by Treaty Title by Public Grant (e.g., Patent from the Sovereign) Title by Private Grant (Such as by Deed) Title by Will (from the Decedent) Title by Descent (Intestate Succession) Title by Involuntary Alienation (Bankruptcy or Foreclosure) Title by Adverse Possession or Unwritten Agreement Title by Eminent Domain (Public Taking with Compensation) Title by Escheat (Property Reverting to the State) Title by Dedication (e.g., Easements for Public Use) Title with the Element of Estoppel Entering Title through Accretion Title by Parol Gift (Followed by Adverse Possessionor Acts of Parties) Title through Operation of Law Title by Custom Easements by Custom Title by Prior Appropriation Title and Its Accompanying Boundaries Establishing Rights of Parties How Boundaries Are Established The Elements of the Definition Origination What Does It Mean to Establish a Boundary? Establish Connection of Title and Boundary Survey and Title Related Chapter 3: Types of Surveys What Is an Original Survey, and What Makes It Unique? Federal Definition Resurvey Resurvey Definition Tract Segregation: Tract Survey and Description of Alienated Lands Concerning Resurveys Retracement Survey Local Survey Independent Survey Indefinite Survey No Survey The Flawed Survey No Survey Fraudulent Surveys What Is a Fraudulent Survey? Definition The Benson Syndicate The Oregon Land Fraud Scandal The Yazoo Land Scandal Pine Barrens Speculation Concern for the Surveyor Erroneous Survey Overview of Early Surveys in Hawaii The Great Mahele of 1848 SECTION II: Original Survey Chapter 4: The Original Survey Creating the Footsteps to Be Followed The Survey What Is an Original Survey? How Are Original Surveys Created? The Colonial System The Public Land Survey System (PLSS) Manual of Instructions The Supplement to the Manual Special Instructions What Is Not an Original Survey Example The Significance of the Original Survey What If the Original Monuments Are Truly Gone? Unsurveyed Land Presumption That a Surveyor Did Their Job Faithfully Lack of Significance of a Flawed Survey Decisions Condemning Non-Use of Original Survey Chapter 5A: Necessity of the Original Survey Effect of Surveying without Considering the Original First Statement of Principle Containing the Controlof the Original Survey. Survey Failure in the PLSS The Court System and a Standard Conclusions of Law Why It Is Needed Some Supporting Court Decisions DemonstrateThis as a Requirement in State Law Surveyor’s Intention Principle Chapter 5B: Notice Actual Notice Constructive Notice Inquiry Notice Principles Regarding Notice Chapter 5C: Summary of Court Decisions Regarding Controlof Original Survey The Doyle Case The Lost Corner Resurvey Cannot Change Lines Magnetic Declination in Retracement of Original Lines Governing Rules and Laws at the Time of Creation, Title, or Survey Chapter 6: Protracted Surveys Protraction within the PLSS Plats of Protraction Diagrams Protraction within Early Grants Prior to, or Separate from, the PLSS Miscellaneous Protractions Court Procedure in Ascertaining Location; Protraction vs. Actual Survey Original Survey Is without Error More Than One Original Survey – The Perimeter Plus the Interior Lots Locating Blocks of Land Working with an Erroneous Survey Chapter 7A: Special Cases: In General Legislative Acts Definition Significance to the Land Surveyor Military Bounty Lands Definition Bounty Land Served as Both an Incentive and a Reward for Military Service. Applications for Indian Bounty Lands French and Indian War Where to Find Records Which Include the Original Surveys Federal Land Patents Procedure Court Decisions Chapter 7B: Special Cases: Land-Based Situations Roads, Streets, and Highways Highways Definition Case Law Definition Road Lines (Highway Right-of-Way) Highway Creation What If Not Created by Survey? Highway Creation Creation by Grant Creation According to the Prevailing Statute at the Time (Statutory Layout) Creation through Dedication (AND Acceptance) Creation through the Eminent Domain Process, by the Appropriate Authority Through Prescriptive Use By Layout over Public Land According to Legislative Act Through Custom Rights of Way Relocating a Private Right-of-Way Right-of-Way Line Character of Right-of-Way Line Road Layout Descriptions Lack of Documentation The Court, in Quoting Outside Authority, Included the Following in Its Decision Statutory Guidance Court Interpretations Pertinent Court Decisions Policy Guidelines Railroads Cemeteries and Burial Sites Condominiums, Party Walls Party Walls Definition: Party Wall Ownership and Use of Airspace Easements through Air Glide Path Undefined Rights in Airspace Air Rights Natural Occurrences Affecting Results Subterranean Rights Mineral Rights and Interests Mineral Rights Mineral Surveys Chapter 7C: Special Cases: Water-Related Situations Water Boundaries and Riparian Issues Mill Sites Mills, Mill Rights, and Mill Privileges Selected Court Decisions Definition of Mill Privilege Mill Site Meander Lines Meander Lines in the PLSS Definition Meander Corner How Surveyed, and Where Corners Were Placed Meander Posts Variation among States Line Fixed by Reference to Meander Call Rolling Easements Ferry Landings Shoreline Division Wharves and Harbor Rights Harbors and Roadsteads Bulkhead Line Bulkhead Lines on Inland Waters Pierhead Lines Oil and Gas Rights (Minerals) Wind Farms Chapter 7D: Special Cases: Land and Water Uses Aquaculture Lobster Wars/Oyster Wars Clam Flats Mussel Farms Oyster Lands Oyster Beds Oyster Farms Ownership of Oyster Bed Survey of Oyster Bed Real Property vs. Personal Property Extended Litigation Based on Early Patents Fish Farms Fish Farming or Pisciculture Mariculture Dockominiums and Boat Slips Inland Waters vs. Tidal Waters Real Property vs. Personal Property Definition SECTION III: Locating Original Surveys and Related Information Chapter 8: Finding the Original Survey Combinations of Metes & Bounds and Rectangular Surveys and Descriptions Variations How to Get It United States Patents and Grants Original Survey Records Resurvey Records Importance of Plat and Field Notes Records Transferred to States General Practices General Rules Retracements Other Patents An Unsuccessful Attempt at Locating Critical Evidence: The Forbes Purchase A Successful Attempt at Locating Critical Evidence: The Popham Colony Systems of Government Established the Foundation of Original Records Non-Federal Grants Systems of Land Tenure The Value of Field Notes Noteworthy Decisions Regarding Field Notes Electronic Field Notes Summary of Usual Sources of Various Types of Information Notes According to Category Title by Treaty Title by Public Grant (e.g., Patent from the United States) Title by Private Grant (Such as by Deed) Title by Will (from the Decedent) Title by Descent (Intestate Succession) Degrees of Kindred Consanguinity Title by Involuntary Alienation (Bankruptcy or Foreclosure) Title by Adverse Possession or Unwritten Agreement Title by Eminent Domain (Public Taking with Compensation). Title by Escheat (Property Reverting to the State) Title by Dedication (e.g., Easements for Public Use) Title with the Element of Estoppel Entering Title through Accretion Title by Parol Gift (Followed by Adverse Possession or Acts of Parties) Title through Operation of Law N/A Title by Custom Title by Prior Appropriation Unsurveyed Lands What If the Original Survey Is No Longer Discernible? Chapter 9: Retracing and Locating Original Surveys Definition of Retracement Lines of Agreement Private Treaties What If the Original Corners Are Gone? Thinking Outside the Box Chapter 10: Failure to Find or Honor the Original Survey Failure to Locate Original Corners, Lines, or Titles A Dependent Resurvey Cannot Change a Boundary Line A Boundary Line Agreement Cannot Change a Boundary Line A Form of Agreement, an Agreed Line through Acquiescence A Retracement Survey, Often Called a Resurvey, Cannot Change a Boundary Line Footsteps Not Found, Remedy Appendix A: Original Survey, by State Appendix B: Notice Requirements, by State References Index