The Forgotten History of Metes and Bounds Abstract
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Beginning Land Platting J
Beginning Land Platting J. Mark Lowe, CG, FUGA [email protected] All rights reserved © 2017 Making a tract map may help a researcher identify a community, including neighbors, ferries, mills, cemeteries, historic houses, and many other landmarks. Although most individual researchers might not tackle the platting of a whole community, we are more likely to plat a tract of ancestor’s land and include his surrounding neighbors. In fact, it might be necessary to plat a community in order to determine where an ancestor’s land might be located or from where he might have migrated. By locating the land of an ancestor, we might gain an understanding of their lives and be able to become more involved with their community activities. Land is described in the terms of the “metes” and “bounds” of the tract. Metes are the natural or man-made features of the land that serves at the points along the boundary lines (a white oak, Jackson’s corner, Washington Road, a stake) and the boundary lines or bounds connect these points or metes. Bounds are generally given in courses (compass direction) and distance (length of lines between point) as well as by the landmarks or adjoining property owners. With the aid of a few inexpensive tools, researchers can construct their own plats of land tracts as described in deeds, wills, court records or land grants. TERM ENGLISH LAND MEASURE Acre 43560 square feet 160 square rods Chain 66 feet, 22 yards 100 links or 4 rods Furlong 660 feet, 220 yards 10 chains Link 7.92 inches 25 links=1 rod Mile 5280 feet 80 chains, -
Mapping and Cadastral Geographic Information System (GIS) Handbook
The Mapping & Cadastral Geographic Information Systems (GIS) Handbook National Wildlife Refuge System Division of Realty Cadastral Data Working Group August 2018 Contents Chapter 1 - Introduction ................................................................................................... 5 1.1 What is the purpose of The Mapping and Cadastral Geographic Information Systems (GIS) Handbook? .......................................................................................... 5 1.2 What are the objectives of this handbook? ............................................................ 5 1.3 What is the scope of the handbook? ...................................................................... 5 Chapter 2 - Authority and History .................................................................................... 6 2.1 What are the authorities for this chapter? .............................................................. 6 2.2 What is the history of the FWS Cartography and Cadastral GIS program? ........... 6 Chapter 3 – Organization, Administration, Requirements ............................................... 9 3.1 What is the organization and administration of the Service cartographers? .......... 9 3.2 What are the duties of the Chief Cartographer and Regional Realty Cartographers? ............................................................................................................ 9 3.2.A Chief Cartographer .......................................................................................... 9 3.2.B Regional Realty -
Declarations-Part 1
, ";IV..JULU ;......... '''' -..... iJ 111 ~ ~, CONOOPlIl'IIU!1 DECLARATION GOLDeN RI DGE. CONOOH IN! UHS WDeX Title Section No. Page No. Submis.;on to Condominium CMnersh!p, .............. 1 ........... C1!!finitions •••••• ~~.~ •• ~. ~" •• _ ~ ~ •• ,,~ ••• ~~ ••• ~. ~.# .2. ~ ..... 6.,."" Divi.ion of Property in the Condominium Units and Conveyance of Unit6 ••••.•••...••....• 3 .••.• $ •••• ~. 3 Limited Common Element5 ••••• ~.6 ••• " •••••••• 4" •••••• 4."' ........... 4; Description of Condcninium Unit •• W ...... H •••• ~.H.S ........ "'.H ... '" Condom!n!= ~ap ................................... 6 ............ 5 lnsepl'lt'Jibility of a Condominium Unit. •••• " ......... 7 •• ~ .......... " 5 Repsrate Assersment and Taxation - Noticb' to A5sesBor .............................. 6 •••••••••••• 6 Porm of O\tnership - Title ...... ~ ... ~ •••••••• ~ ••••••. 9 ....... ~.~ •• ~ 6 Non-Pr.rtitionability Bnd Transfer of. ~mrncn element.~~ ......... ~ ... ., •• e ......... * ••••• ~10 .. .,~~~ .... ~ .. " .... 6 Common Ele1lent.5 .............. ~ ............. ~ ......... ,,~ .. 11 .............. ~ .. 6 Use and Occupancy .............................. $ ........................ 12 ..... , " .. .. .. .. .. .... 6 Ea8ements ........................................... 1) .• ~ ..... ., .. ~ .. 7 Termination of Mechanlc l g Lien Rights and Indemnification •••••••••••••....•.. 14 .••••••••••• S C-olden Ridge CondGnliiniurt Association, IfiC ••••• q .. j5 •• ~ ............ "' ... 8 Re8ervation for Access - Maintenance, Repair Bnd Emergenciea~"'""'~~~,.~"' -
Right of Way Manual
Right of Way Manual Office of Land Management Updated 07/26/2018 General Index 100 Pre-Acquisition 200 Appraisals 300 Acquisition 400 Relocation Assistance Program 500 Property Management 800 Special Procedures Table of Contents 100 Pre-Acquisition ...................................................................................................................................1 101 Initial Program Development Process ........................................................................................................1 101.1 Background .........................................................................................................................................1 101.2 Policy ...................................................................................................................................................1 101.3 Procedures ..........................................................................................................................................1 102 Project Numbers and Right of Way State Project Numbers .......................................................................3 102.1 Policy ...................................................................................................................................................3 102.2 Procedure ...........................................................................................................................................3 103 Base Maps...................................................................................................................................................4 -
Boundary Disputes
BOUNDARY DISPUTES I. FINDING THE SOLUTION TO UNRESOLVED BOUNDARIES. II. HANDLING RIGHT OF WAY PROBLEMS Mark S. Shipman, Esq. Shipman, Sosensky, Randich & Marks, LLC 135 South Road Farmington, CT 06032 Tel. (860) 606-1700 Fax (860) 606-1770 email: [email protected] I. FINDING THE SOLUTION TO UNRESOVED BOUNDARIES Generally. Robert Frost once said that “good fences do good neighbors make”. It is most often true. However, when the fence purports to describe a boundary and it’s in the wrong place, things are often not so neighborly. Fences are among a variety of ways that have been used to delineate the division between adjoining properties. Sometimes they are used as the boundary line and described as such. Other times they are placed subsequently to the division of property, to serve as a visual, if not legal divider. There are other ways to define the confines of particular properties. Boundaries are often mapped. They are described by metes and bounds. They are fixed by reference to markers or points. All of these methods are believed to be effective. Many times they conflict. A boundary is defined as: “Every separation, natural or artificial, which marks the confines or line of division of two contiguous properties. Limits or marks of enclosures if possession be without title, or the boundaries or limits stated in title deed if possession be under a title.” Black’s Law Dictionary, Fifth Edition. Boundaries may be natural, such as rocks, trees and rivers. They can be artificial, such as iron pins, merestones, monuments or fences. Today, it is the norm for purchasers and lenders to require surveys. -
The Rule Against Perpetuities and Its Application to a Private Trust
Cleveland State Law Review Volume 1 Issue 2 Article 7 1952 The Rule Against Perpetuities and Its Application to a Private Trust Reuben M. Payne Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Estates and Trusts Commons, and the Property Law and Real Estate Commons How does access to this work benefit ou?y Let us know! Recommended Citation Reuben M. Payne, The Rule Against Perpetuities and Its Application toa Private Trust, 1(2) Clev.-Marshall L. Rev. 59 (1952) This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. The Rule Against Perpetuities and Its Application to a Private Trust by Reuben M. Payne* T ESTATOR DEVISED certain real property to his daughter in fee. Thereafter he executed a codicil whereby said devise was re- voked and the same property was devised to his son-in-law, in trust. Trustee was to hold it in trust for testator's daughter during the term of her life and in the event of death of daughter, son-in- law was to take possession of property, lease it, and use rents for support, education and benefits of the children of daughter. Daughter survived testator and gave birth to two additional children after testator's death. Held: the trust the testator at- tempted to create in his codicil was void as in violation of the Rule Against Perpetuities, where daughter survived testator and gave birth to two additional children after testator's death.' The court's decision is that a trust for private purpose must terminate within the period of the Rule Against Perpetuities. -
LIFE ESTATES and PRECATORY TRUSTS A. Creation of Life Estate
LIFE ESTATES AND PRECATORY TRUSTS A. Creation of Life Estate upon Passing of Decedent. According to the Official Code of Georgia Annotated (O.C.G.A.) § 44-6-80, estates that “extend during the life of a person but terminate at the death of the person are deemed life estates.”1 A life estate may be created by “deed or will” so long as the life estate does not exist in property that “will be destroyed [upon] being used.”2 Additionally, the life estate may last for the life of the tenant or for the life of some other person.3 Thus, the tenant of the life estate is entitled to the “full use and enjoyment of the property” so long as the life tenant is alive.4 When the life tenant passes, the life estate terminates and the right to present use or possession of the property will pass to either the “estate in remainder” or the “estate in reversion.”5 An estate in remainder is present if a party, other than the grantor and/or his heirs, receives the right to the use and the enjoyment of the property after termination of the the life estate.6 An estate in reversion exists if the right to use or enjoyment reverts back to the grantor and his heirs.7 Despite the legal distinction, the rights of the reversioner are the same as those of a vested remainderman in fee in Georgia.8 There is no technical requirement regarding what type of language is necessary for a testator to create a remainder. -
The Rule Against Perpetuities: a Survey of State (And D.C.) Law
THE RULE AGAINST PERPETUITIES: A SURVEY OF STATE (AND D.C.) LAW At common law, the rule against perpetuities provided that: No [nonvested property] interest is good unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest. Gray, The Rule Against Perpetuities § 201 (4th ed. 1942). Under the common law rule, the interest was invalid unless it was certain on the date the interest was created that it would vest within 21 years after the death of the last designated life in being at that time (the “common law period”). The common law rule ignored any events that occurred after the interest was created, and focused only on what was certain to occur or not to occur when the interest was created. The common law rule remains intact in only three states, however – Alabama, New York, and Texas. Three more states – Iowa, Mississippi and Oklahoma – have the common law rule, with the “wait-and-see” modification that determines whether an interest was valid based on whether it actually vested within the common law period, rather than whether it had to do so in all events. The beginning of the movement away from the common law rule began in 1979, when the Restatement (Second) of Property suggested that this approach was unreasonable, because it ignored events that, in some cases, had already occurred before the court or the parties had to determine the validity of the interests created. Restatement The Rule Against Perpetuities, 50-State Survey, Page 1 DISCLAIMER ON USE: The reader is cautioned to confirm the information provided in this Survey by independent research and analysis to ensure that it is accurate, complete, and current. -
Writing Legal Descriptions ‐ NYSAPLS Conf January 2018
Writing Legal Descriptions ‐ NYSAPLS Conf January 2018 Legal Descriptions Scott Reeser, P.L.S. NYSAPLS 2018 Conference INTRODUCTION: • Over 25 years experience in the surveying profession • Graduate of Penn State survey program • Licensed in Pennsylvania, New York, West Virginia and Colorado • Have worked for small firms and larger sized firms WARNING: This presentation is not intended to be a lecture. My intent is to present the attendees with information I have gathered thru various sources and stimulate discussion on these topics. Participation from the attendees is essential to the success of the session. Everyone in attendance is asked to provide input and ask questions. By gathering input from those present, we may all learn something by the end of the day. 1 Writing Legal Descriptions ‐ NYSAPLS Conf January 2018 Objectives of this Webinar: – Define the purpose of legal descriptions – List commonly used types of legal descriptions – Review the parts of legal descriptions Objectives of this Webinar: – Identify common terminology used in legal descriptions – Identify common mistakes made in the preparation of legal descriptions – Practice writing legal descriptions WHAT IS THE PURPOSE OF A LEGAL DESCRIPTION? Per Black’s Law Dictionary: “Legal Description. A formal description of real property, including a description of any part subject to an easement or reservation, complete enough that a particular piece of land can be located and identified. The description can be made by reference to a government survey, metes and bounds, or lot numbers of a recorded plat. ‐ Also termed land description.” 2 Writing Legal Descriptions ‐ NYSAPLS Conf January 2018 Types of Legal Descriptions: – Metes and Bounds – Reference to other Documents – Strip or baseline – Bounded by – Public Lands / Section Reference Types of Legal Descriptions: Metes & Bounds: • Provides a description of the area’s perimeter using geometry • Metes refers to bearings or angles and distances. -
Rule Against Perpetuities
Sec. 2 ESTATES IN LAND AND FUTURE INTERESTS S229 3. The court mentions three possible constructions that could be placed on the “deed.” Under which one, if any, could Clarissa B. collect? Can you think of any other plausible constructions? Review the Note on the Words of Conveyance, supra, p. S167. 4. Once the court had decided that instrument was a deed and not a will, there are a number of possible constructions that could be placed on the interest which was given Clarissa B. The court distinguishes this conveyance from one granting a contingent remainder to Clarissa B., reserving a life estate in her husband. (Do you see how?) Yet ample authority exists for the proposition that an otherwise valid deed, stating that it is not to be effective until the death of the grantor, will be upheld, as reserving a life estate in the grantor and conveying a remainder in the grantee. 3 A.L.P. §§ 12.65, 12.95 n. 5. What interest does the court decide that Clarissa B. had? What are the possibilities? 4. The Rule Against Perpetuities At about the same time as the courts were reviving the doctrine of destructibility of contingent remainders, they also began to announce another doctrine which came to be known as the Rule Against Perpetuities. The first case in which the Rule was announced is generally thought to be the Duke of Norfolk’s Case, 3 Ch. Cas. 1, 22 Eng. Rep. 931 (1682). The reason for the origin of the Rule probably lies in the courts’ concern with the free alienability of land. -
Applicant's Guide to Boundary Adjustments, Certificates of Compliance and Final Maps
Applicant’s Guide to Boundary Adjustments, Certificates of Compliance and Final Maps 1. Boundary Adjustment Purpose: To adjust the legal boundaries between two to four legally created parcels. A Boundary Adjustment may not create any new lots, nor may it include any lot not legally created. Application: A Boundary Adjustment Plat must be prepared by a registered Civil Engineer (licensed prior to 1982 with license number lower than 33965) that is able to practice surveying, or a Licensed Land Surveyor and submitted to the Development Services Center with the applicable Certificates of Compliance (COC) or Final Map and fees. Fee: See current fee schedule. 2. Certificate of Compliance Purpose: To establish a particular lot as a legal building site. It does not mean that the lot may necessarily be built upon since it may lack certain amenities, however it does establish a legal lot. A Certificate of Compliance or Parcel/Final Map is required for each lot affected by a Boundary Adjustment. Application: The applicant must submit the completed application to the Development Services Center with the Boundary Adjustment and all applicable fees. Fee: See current fee schedule. 3. Parcel Map and Final Map Purpose: To establish legal lots. This process of establishing lots is usually selected when the Boundary Adjustment and associated easements and encumbrances are completed or right-of- way dedication is proposed. Application: The applicant must provide a complete Parcel Map or Final Map submittal. Fee: See current fee schedule. Boundary Adjustment -
Copyrighted Material
CHAPTER 1 HISTORY AND CONCEPT OF BOUNDARIES 1.1 INTRODUCTION The history and location of boundaries are steeped in the history of the world from prerecorded times to today. These boundaries are a result of actions and law. Boundar- ies can be related to the areas of history, politics, surveying, and law. Both boundaries of an international nature as well as between individuals have caused problems to have been fought, are being fought, and will be fought, in the future over the location of boundaries between nations, states, and individual parcels of land within “ Happy Acres ” subdivision. Wars have been fought on both an international basis and in local neighborhoods, and people have been killed over boundary disputes of an inconsequential nature that have ranged from hundreds of miles to a fraction of a foot or meter. Boundaries are personal in nature, and people have been and will continue to be protective over the misidentification or misalignment of a known or perceived boundary infringement. The surveyor may become the common denominator in a boundary problem, from preparing an erroneous map showing the boundary between two or more nations to the erroneous depictionCOPYRIGHTED of a single line between twoMATERIAL landowners. In the primeval forest, particularly in the plant kingdom, there are no known boundaries between living things. Although some horticulturists dispute the fact, we accept the fact that plants do not create boundaries to separate themselves. Animals — especially humans — create boundaries. Although we like to think that only humans create and appreciate boundaries, it has been recorded in nature that most mammals, some reptiles, and a few fish create, identify, mark, and defend boundaries.