DOCSLIB.ORG

23 Advanced Real Estate Course

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
23 Advanced Real Estate Course BOUNDARY DISPUTES AND VACANCIES JOHN C.D. DROLLA, JR. Law Offices of John C.D. Drolla, Jr. Town Lake Building 512 East Riverside Drive, Suite 200 Austin, Texas 78704 512.445.6838 512.445.0077 Fax [email protected] * Copyright 1997 by John C.D. Drolla, Jr. All Rights Reserved 23rd ADVANCED REAL ESTATE COURSE STATE BAR OF TEXAS June 20-22, 2001 Dallas, Texas July 11-13, 2001 Houston, Texas August 22-24, 2001 Austin, Texas CHAPTER 2 CURRICULUM VITAE JOHN C. D. DROLLA, JR. As of 11 June 2001 LAW OFFICES OF JOHN C. D. DROLLA, JR. The Town Lake Building,512 East Riverside Drive, Suite 200 Austin, Texas 78704 512.445.6838; 512.445.0077 FAX;e-mail: [email protected] PRACTICE AREA:General Civil Trial, Appellate and Federal Practice, Commercial and Residential Real Estate Law, Business Law, Bankruptcy, Corporation and Banking Law, Family Law and limited Criminal Law [Only Certified By The Texas Board Of Legal Specialization In Commercial and Residential Real Estate. Not Certified In Other Areas] EDUCATION & LEGAL BACKGROUND B.A. and J.D. University of Texas at Austin Admission to Practice State of Texas, 1972;Admissions to Practice Before:U.S. Supreme Court 1977;U.S. Court of Appeals, Fifth Circuit 1976 & 1982 (upon reorganization);U.S. District Court, Western District of Texas 1974; U.S. Court of Appeals For The Armed Forces 1988 Board Certified -- Commercial and Residential Real Estate Law, Texas Board of Legal Specialization, since 1983 and 1984 respectively. PROFESSIONAL ASSOCIATIONS State Bar of Texas 1972-present Member State Bar Of Texas Real Estate, Probate and Trust Section, Litigation Section, Corporate, Banking and Business Law Sections, Military Law Section (Council Member 1986 to 1990) and Family Law Section Travis County Bar Association (also member Real Estate Litigation Sections); Co-Chairman Continuing Legal Education Planning Committee [Member 1991 -2001] and Moderator of the Civil Litigation Institute conducted April 1991; Co-Chairman Public Image Committee 1991-1992; Volunteer Mediator, Travis County District Courts Settlement Week, 1992-1998; Member Gender Equity Committee 1996-97, 1997-98; Williamson County Bar Association, Volunteer Mediator, Williamson County District Courts Settlement Week, 1999, 2000 Federal Bar Association, Austin Chapter (Treasurer 1994-1995; Program Committee Chair, 1994-1995; Delegate National Convention 1995, 1997; Secretary 1995-1996; Vice-President 1996-1997; President-Elect 1997 - 1998; President 1998- 1999; Chapter Delegate to National Council 1999- 2000, National Presidential Appointee as Delegate to National Council 2000-2001) College of the State Bar of Texas 1985-1994; Fellow-College of State Bar 1995-present The Pro Bono College of the State Bar of Texas 1992 through 1998 Texas Association of Bank Counsel (former member) Texas Savings and Loan League Counsel (former member) Advanced Real Estate Law Course, State Bar of Texas Planning Committee, 1987, 1990, 1991, 1993, 1995, 1996, 1998, 1999 (Chairman & Course Director 1999) and 2001 Real Estate Litigation Institute, State Bar of Texas Planning Committee, 1981, 1985, 1987, and 1996 (Chairman 1987) Dealing with Insolvent Organizations Institute, State Bar of Texas Planning Committee, 1989 Strategic Use of Liens Institute, State Bar of Texas Planning Committee 1990 United States Army Reserve, Colonel, previously assigned to Department of Defense, Office of the Inspector General, Inspections from 1988-1993 Graduate, City of Austin Citizens Police Academy, 1993 Graduate, Travis County Sheriff's Department Citizens Sheriff Academy, Class No. II, 1994. AWARDS\HONORS Membership, Phi Delta Phi, University of Texas School of Law, 1970 Chairman, Trial Advocacy Association - 1971 Member, Moot Court Board - 1970 - 1971 Member, Board of Advocates and Order of Barristers - 1971 Best Brief Award (Criminal Case), University of Texas School of Law, Spring 1971 Best Brief Award (Criminal Case), State Bar of Texas, Summer 1971 Champion, State Bar of Texas Moot Court Competition Summer 1971 University of Texas School of Law CONSUL Award for Leadership by Faculty and Students - 1972 National Order of Barristers - 1972 Who’s Who In American Law - 1998 - 1999; 1999 - 2000 Fellow-College of the State Bar of Texas 1995 Fellow-Texas Bar Foundation 2000 State Bar of Texas Lawyer Referral and Information Committee-2001-2004 LECTURER Finkelstein Texas Bar Review Course Federal Courts and Procedure and Texas Workmen's Compensation Law, 1974-1976 Real Estate Litigation Course, State Bar of Texas, “Earnest Money Contract Litigation,” 1981; “Suits Affecting Title to Real Property”, 1985; and Ethics: “The Texas Lawyer's Creed” 1996 Professional Liability: A Performance Enhancement Course, State Bar of Texas, 1986 Advanced Real Estate Law Institute, State Bar of Texas, 1987, 1990, 1991, 1993, 1996, 1997, 1998 and 1999 Military Law Section Seminar, “Foreclosures and Loan Workouts,” State Bar of Texas, 1989 Dealing with Insolvent Organizations Institute, “Highlights of Federal Bankruptcy Law,” State Bar of Texas, 1989 Strategic Use of Liens Institute, “Do You Really Want To Foreclose (Environmental Concepts),” State Bar of Texas, 1990 Strategic Use of Liens Institute, “The New Texas Disciplinary Rules of Professional Conduct From The Perspective Of A Civil Practitioner,” State Bar of Texas, 1990 Selected Topics in Litigation, State Bar of Texas, 1992 Boundary Law And Adjoining Landowner Disputes, “Boundary Line Disputes and Agreements and The Basics of Easements,” Professional Education Systems, Inc., 1997 Ethics, Ethics, Ethics Seminar, Travis County Bar Association, “Ethics: The Texas lawyer’s Creed(Revisited)” 2001 ARTICLES PUBLISHED “Trial Techniques in Texas,” 34 Texas Bar Journal 895, 1971 “Use of Prior Testimony of an Unavailable Witness,” 35 Texas Bar Journal 929, 1972 “Suits Affecting Titles to Real Property in Real Estate Litigation,” State Bar Real Estate Litigation Institute Series, 1985 “Real Estate Agent Liability,” State Bar of Texas Professional Liability (A Performance Enhancement Course), 1986 “Broker Liability Issues” State Bar of Texas Advanced Real Estate Law Course, 1987 Chapter 14, “Real Estate Agents and Brokers,” Texas Torts and Remedies Treatise, Matthew Bender & Company, Inc., 1988 “Highlights of the Federal Bankruptcy Law,” (co-author), State Bar of Texas Dealing With Insolvent Organizations Institute Series, 1989 “Revision of Asbestos Regulations,” State Bar of Texas Advanced Real Estate Law Course, 1990 “Boundary Disputes--So You Think That's Your Property Line?”, (co-author), State Bar of Texas Advance Real Estate Law Course, 1991 “Title Disputes and Basic Causes of Action,” State Bar of Texas Advanced Real Estate Law Course, 1993 “Earnest Money Contract Disputes,” State Bar of Texas Advanced Real Estate Law Course, 1996 “Ethics: The Texas Lawyer's Creed,” State Bar of Texas Real Estate Litigation Institute, 1996 “Boundary Line Disputes and Agreements,” State Bar of Texas Advanced Real Estate Law Course, 1997 "Boundary Line Disputes and Agreements and The Basics of Easements," Professional Education Systems, Inc., 1997 “Adverse Possession and the Trespass To Try Title Lawsuit,” State Bar of Texas Advanced Real Estate Law Course, 1998 “Ethics: The Texas Lawyer's Creed (Revisited),” Travis County Bar Association, Ethics,Ethics,Ethics Seminar 2001 Boundary Disputes and Vacancies Chapter 2 Table of Contents I. SCOPE OF ARTICLE ......................................................... 1 II. BACKGROUND ............................................................. 1 III. EXTENT OF OWNERSHIP .................................................. 1 A. Property Rights ........................................................ 1 B. Uses of Land ........................................................... 2 IV. LOCATING THE BOUNDARY ............................................... 2 A. Intent ................................................................ 2 B. Construction .......................................................... 3 C. Priority and Dignity of Calls ............................................. 3 1. A Little History ................................................... 3 2. Natural Objects ................................................... 4 3. Artificial Objects ................................................. 4 4. Courses ......................................................... 4 5. Distances ....................................................... 4 6. Quantities ....................................................... 4 V. TYPES OF BOUNDARIES .................................................... 5 A. Private Land .......................................................... 5 B. Roads ................................................................ 5 C. Water Courses ........................................................ 5 1. Natural Water Courses ............................................. 5 2. Navigable Water Courses ........................................... 6 3. Non-navigable Water Courses ....................................... 6 4. Tidal Waters ..................................................... 6 5. Lakes .......................................................... 7 6. Accretion, Avulsion, or Reliction ..................................... 7 VI. BOUNDARY LINE AGREEMENTS ........................................... 7 A. Oral Agreements ...................................................... 7 B. Acquiescence .......................................................... 8 C. Written Agreements ...................................................
Load more

Recommended publications
  • 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
    [Show full text]
  • 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
    [Show full text]
  • 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.
    [Show full text]
  • 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
    [Show full text]
  • BOUNDARY LAW and LANDOWNER DISPUTES in TEXAS Boundary Law and Landowner Disputes
    BOUNDARY LAW AND LANDOWNER DISPUTES IN TEXAS Boundary Law and Landowner Disputes TABLE OF CONTENTS I. TRESPASS TO TRY TITLE 1 A. History, Purpose And Jurisdiction 1 B. Parties And Procedure 3 1. Parties. 3 2. Pleadings 3 3. Demand for Abstract. 5 II. PARTITION 5 A. Jurisdiction and Parties 5 B. Procedure 5 III. SUIT TO REMOVE CLOUD FROM TITLE OR QUIETING TITLE 7 A. History, Purpose and Jurisdiction 7 B. Evidence in Land Suits 8 C. Common Source 9 D. Adverse Possession 9 E. Prior Possession 12 F. Damages - Good Faith Improvements 13 G. Documentary Evidence 13 IV. PROPERTY DESCRIPTION 14 A. Sufficiency of Description 14 B. Priority of Calls 16 V. LITIGATING BOUNDARY DISPUTES 17 A. E.H. Brainard, II, etal. vs. The State of Texas, 12 S.W.3d 6) (Tex. 1999) 17 B. Adverse Possession ~ Hostile claim 17 C. Adverse Possession - Character of Use 17 D. Terrill v. Tuckness, 985 S.W.2d 97 (Tex.App.-San Antonio 1998, n.w.h.) 17 E. Garza v. Maddux, 988 S.W.2d 280 (Tex.App.-Corpus Christi 1999, n.w.h.) 19 F. John G. and Stella Kenedy Memorial Foundation v. Dewhurst, 994 S. W.2d 285 (Tex.App.-Austin 1999, n.w.h.) 19 G. Wall v. Carrell, 894 S.W.2d 788 (Tex.App.BTyler 1995, writ denied) 19 H. Mohnke v. Greenwood, 915 S.W.2d 585 (Tex.App. - Hou[14th Dist.] 1996, n.w.h.) 20 I. McAllister v. Samuels, 857 S.W.2d 768 (Tex.App. -Houston [14th] 1993, n.w.h.) 21 VI.
    [Show full text]
  • Comparing Human Versus Machine-Driven Cadastral
    Preprints (www.preprints.org) | NOT PEER-REVIEWED | Posted: 29 May 2019 doi:10.20944/preprints201905.0342.v1 Peer-reviewed version available at Remote Sens. 2019, 11, 1662; doi:10.3390/rs11141662 1 Article 2 Comparing Human Versus Machine-Driven 3 Cadastral Boundary Feature Extraction 4 Emmanuel NYANDWI 1, *, Mila KOEVA 2, Divyani Kohli 2 and Rohan Bennett 3 5 1, * Department of Geography and Urban Planning, School of Architecture and Built Environment (SABE), 6 College of Science and Technology (CST), University of Rwanda; [email protected] 7 2 Faculty of Geo-Information Science and Earth Observation (ITC), University of Twente, Enschede 7500 AE, 8 The Netherlands; [email protected] (M.N.K); [email protected] (D.K) 9 3 Department of Business Technology and Entrepreneurship of Swinburne Business School, Melbourne, 10 Australia, BA1231 Hawthorn campus; [email protected] 11 Received: date; Accepted: date; Published: date 12 Abstract: The objective to fast-track the mapping and registration of large numbers of unrecorded 13 land rights globally, leads to the experimental application of Artificial Intelligence (AI) in the domain 14 of land administration, and specifically the application of automated visual cognition techniques for 15 cadastral mapping tasks. In this research, we applied and compared the ability of rule-based systems 16 within Object Based Image Analysis (OBIA), as opposed to human analysis, to extract visible 17 cadastral boundaries from Very high resolution (VHR) World View-2 image, in both rural and urban 18 settings. From our experiments, machine-based techniques were able to automatically delineate a 19 good proportion of rural parcels with explicit polygons where the correctness of the automatically 20 extracted boundaries was 47.4% against 74.24% for humans and the completeness of 45% for machine, 21 as against 70.4% for humans.
    [Show full text]
  • Boundary and Title Conflicts, Surveyor Reports Revisions to Rule 12
    Boundary and Title Conflicts, Surveyor Reports ~ and ~ Revisions to Rule 12 A Hands-on Workshop ~ ~ ~ ~ ~ Indiana Society ~ of ~ Professional Land Surveyors Presented by Gary R. Kent, PS The Schneider Corporation January 13, 2016 Indianapolis, Indiana © 2016 Gary R. Kent The Schneider Corporation Indianapolis, Indiana Biography of Gary R. Kent Gary Kent is Integrated Services Director for The Schneider Corporation, a land surveying, GIS and consulting engineering firm based in Indianapolis and with offices in Indiana, North Carolina and Iowa. He is in his 33rd year with the firm and his responsibilities include serving as project and account manager, safety, corporate culture, training, coaching and mentoring members of the surveying staff, and advising the GIS Department on surveying matters. Gary is a graduate of Purdue University with a degree in Land Surveying; he is registered to practice as a professional surveyor in Indiana and Michigan. He has been chair of the committee on ALTA/NSPS Standards for ACSM/NSPS since and is the liaison to NSPS for the American Land Title Association. He is also past-president of the American Congress on Surveying and Mapping and a twice past president the Indiana Society of Professional Land Surveyors. A member of the adjunct faculty for Purdue University from 1999-2006, Gary taught Boundary Law, Legal Descriptions, Property Surveying and Land Survey Systems and was awarded “Outstanding Associate Faculty” and “Excellence in Teaching” awards for his efforts. Gary is on the faculty of GeoLearn (www.geo-learn.com), an online provider of continuing education and training for surveyors and other geospatial professionals. He is also an instructor for the International Right of Way Association.
    [Show full text]
  • Quantifying the Overlap Between Cadastral and Visual Boundaries: a Case Study from Vanuatu
    Article Quantifying the Overlap between Cadastral and Visual Boundaries: A Case Study from Vanuatu Xianghuan Luo 1, Rohan Bennett 2,* ID , Mila Koeva 3 ID , Christiaan Lemmen 4 ID and Nathan Quadros 5 1 Department of Land Surveying and Geo-informatics, The Hong Kong Polytechnic University, Hong Kong 999077, China; [email protected] 2 Swinburne Business School, Swinburne University of Technology, Melbourne 3122, Australia 3 Faculty of Geo-information Science and Earth Observation (ITC), University of Twente, Enschede 7522 NB, The Netherlands; [email protected] 4 Netherlands Cadastre Land Registry and Mapping Agency, Kadaster International, Apeldoorn 7300GH, The Netherlands; [email protected] 5 CRC for Spatial Information, Carlton University, Victoria 3053, Australia; [email protected] * Correspondence: [email protected]; Tel.: +61-3-9214-4991 Received: 31 October 2017; Accepted: 13 November 2017; Published: 16 November 2017 Abstract: Cadastres are argued as an essential tool to support land tenure security. Low cadastral coverage in developing countries creates a driver for innovative methods to expedite the mapping processes. As a human construct, the morphology of parcel boundaries is a diverse and complex topic: there are limited generalized rules for identifying, describing, and classifying them. This paper studies both the institutional and spatial aspects of cadastral boundaries, in order to provide more contemporary knowledge about the morphology of cadastral boundaries. This study inspects the relationship between topographic objects and general boundaries in the case context of Port Vila, Vanuatu. Statistical analysis reveals that under a dialectical error tolerance, large percentages of cadastral boundaries coincide with topographic objects.
    [Show full text]
  • Glossary of Terms Used in Boundary Surveying
    Glossary of Terms Used in Boundary Surveying Accretion The gradual accumulation of land by natural causes along a water boundary Accuracy The amount of deviation from the true value of a measurement Acquiescence When a land owner impliedly accepts a boundary location established by an abutter Actual Possession Possession which consists of actual physical occupation of property Adjoiner Abutting property Aliquot Part In the PLSS, a standard division such as a half section, quarter section, half-quarter section, etc Angle A figure formed by the intersection of two lines, and the measurement of the degree of separation between the two lines Apportionment The distribution of excess or deficiency in a number of parcels which were all created simultaneously Area The quantity of land contained within the boundaries of a parcel Artificial Monuments A manmade marker such as a concrete bound, or drill hole Avulsion The sudden removal or addition of land by the action of water Azimuth The direction of a line relative to north (sometimes relative to south) Backsight A target set up over a point where the instrument will set zero Base Line In the PLSS, a line of latitude running through an initial point. Also, a random line used in a road layout Bearing The direction of a line between 0° and 90°, measured clockwise or counterclockwise from north or south © Springer International Publishing Switzerland 2015 319 P. Gay, Practical Boundary Surveying, DOI 10.1007/978-3-319-07158-9 320 Glossary of Terms Used in Boundary Surveying Blaze A mark or marks on a tree trunk for marking a survey point or boundary point or line Boundary See property line Break Tape To make a horizontal measurement, usually while measuring up or down a slope, by using less than the full length of a tape Called-For A monument or other evidence called out in a conveyance Chain A distance of 66 ft.
    [Show full text]
  • Whose Line Is It Anyway? by Judon Fambrough
    OCTOBER 2007 Law PUBLICATION 1833 A Reprint from Tierra Grande Whose Line is It Anyway? By Judon Fambrough ince Biblical days, landowners have had problems with attorney Jim Johnson. “The rules are objective, not subjective. boundary lines. Back then, problems arose primarily from However, when surveyors disagree after applying the correct Smoving the boundary markers; today, the disputes are practices and principles, an uncertainty exists.” more complex. Surveys may place boundaries on either side of By Acquiescence existing fences. Title companies demand settlement of bound- For acquiescence — sometimes referred to as the doctrine of ary line discrepancies as a condition for closing. How should recognition and acquiescence — to apply, the parties must first the controversies be settled? agree to fix the boundary at a fence or other marker. Acquies- Lawyers stand ready to litigate the issue. However, the lost cence to a fence or other marker for the boundary without a time, fees and ill will created by litigation may outstrip any prior agreement will not mature into a binding implied bound- benefits. Because surveys rarely duplicate each other, resurvey- ary agreement. ing the property may further complicate matters by placing the Second, the parties must acquiesce (recognize and submit) to boundary at yet another location. the agreed line or marker for an adequate period. The amount Adverse possession can resolve disputes when a fence has of time required is not precise. However, it must exceed the served as the boundary for several years. However, fences, time required to acquire the property by adverse possession. especially “fences of convenience,” do not necessarily establish Just as adverse possession does not affect state-owned proper- property lines.
    [Show full text]
  • The Forgotten History of Metes and Bounds Abstract
    MAUREEN E. BRADY The Forgotten History of Metes and Bounds abstract. Since long before the settling of the American colonies, property boundaries were described by the “metes and bounds” method, a system of demarcation dependent on localized knowledge of movable stones, impermanent trees, and transient neighbors. Metes and bounds systems have long been the subject of ridicule among scholars, and a recent wave of law-and-eco- nomics scholarship has argued that land boundaries must be easily standardized to facilitate mar- ket transactions and yield economic development. However, historians have not yet explored the social and legal context surrounding earlier metes and bounds systems—obscuring the important role that nonstandardized property can play in stimulating growth. Using new archival research from the American colonial period, this Article reconstructs the forgotten history of metes and bounds within recording practice. Importantly, the benefits of metes and bounds were greater, and the associated costs lower, than an ahistorical examination of these records would indicate. The rich descriptions of the metes and bounds of colonial properties were customized to the preferences of American settlers and could be tailored to different types of property interests, permitting simple compliance with recording laws. While standardization is critical for enabling property to be understood by a larger and more distant set of buyers and cred- itors, customized property practices built upon localized knowledge serve other important social functions
    [Show full text]
  • Fundamentals of Land Ownership, Land Boundaries and Surveying
    Fundamentals of land ownership, land boundaries and surveying G J Donnelly About this document This document was commissioned and first published in 2012 by the ANZLIC Committee on Surveying and Mapping (ICSM) to provide students and interested members of the public with an overview of key matters relating to the ownership of land and the boundaries that define the limitations of that ownership, including a review of the role of surveyors in the determination of land boundaries. As such, it does not purport to be a source of legal advice, nor is it intended to be a complete or absolute treatise of the subject. About the author Gus Donnelly qualified and registered as a land surveyor in Tasmania in 1966, subsequently gaining considerable professional experience in a wide variety of public and private sector roles. In 1985, he completed a Graduate Diploma in Professional Management. He was appointed Chief Surveyor (Department of Main Roads, Tasmania) in 1986 and Manager Survey and Property (Department of Transport and Works, Tasmania) in 1991. From 1993, Gus moved into management roles in quality and continuous improvement, road maintenance and project management. He retired from full-time employment with the Tasmanian Government in 2000 and established himself as a respected facilitation and project management consultant. Throughout his impressive career, Gus played a major role in the surveying profession, including: . President, Institution of Surveyors Australia (Tasmanian Division) 1987-88 . Member, Land Surveyors Board 1983–1991 . Member, Board of Studies (University of Tasmania) 1985-1991 . Member, Survey Industry Consultative Committee (University of Tasmania) 1985–1991 . Federal Councillor, Institution of Surveyors, 1991–1994 .
    [Show full text]