Easements relating to land surveying and title examination

 Content: Preface ix Acknowledgments xiii   1 Introduction 1   Rights and Interests in Land; Transfer of Ownership 1  Means of Transferring or Obtaining Title or Rights in Land 3   2 Easements in General 8   Definition: What is an Easement? 8  Easement Terminology 20  Intermittent Easements 25   3 Types of Easements 29   Right of Way 29  Right of Way Line 31   4 Creation of Easements 45   Express Grant 46  Reservation or Exception 49  Agreement or Covenant 51  Implication 51  Estoppel 62  Prescription 63  Eminent Domain 72  Custom 74  Vote of a Governing Body 82   5 Termination of Easements 85   Expiration 85  Release 86  Merger of Title 87  Abandonment 87  Estoppel 90  Prescription or Adverse Possession 90  Destruction of the Servient Estate 91  Cessation of Necessity 92  Eminent Domain 92  Frustration of Purpose 92  Overburden 94   6 Easements and Descriptions 96   General 96  Void Instruments 100  Interpretation 102  Compilation 105   7 Problem Easements 108   Undescribed Easements, Blanket Easements 108  Locating an Undefined Easement 109  Hidden Easements 110  Rolling Easements 111  Shore Road Allowances in Canada 114  The New Zealand Example 115   8 The Process of Reversion 117   Estate in Reversion 117  Possibility of Reverter 117   9 Reversion of Easements 122   Highways 124  Flowage 124  Railroads 125   10 Reversion Relating to Highways (and to Other Types of Rights of Way) 127   Discontinuance or Abandonment 128  Actual Highway Abandonment 128  Procedure 129  Presumption of Law 131  Overcoming the Presumption 135  Abandonment, Strictly Speaking 137   11 Rules of Locating and Defining Reversions 140   Basic Rule 141  Curved Street 142  Street Intersection 142  Ownership at Intersection with Reversion Only at One Street 143  Curved Street Intersection 144  Lots at an Angle Point in the Road 144  Lots Adjoining a Subdivision Boundary 145  Marginal Road 146  Special Cases 146  Problem Cases 147  Documents Indefinite or Not Available 150  Summary of Procedure for Determining Reversion Rights in Vacated Highways 151   12 Easements and the Land Surveyor 153   ALTA/ACSM Standards 153  Right of Way as Boundary Line 154  Retracement of Right of Way Line 154  Retractment of Original Survey of Highway 155  Easement Plans are Land Surveys 155  Liability of the Land Surveyor 156  Easements are Similar to Other Land 156   13 Easements and the Title Examiner (or Records Researcher) 157   Items Outside the Period of Search 157  Items Not on the Public Record at the Court House 157  Items to Be Shown by an Accurate Survey 158  Implied Dedication and/or Acceptance 158  What Insurance Does Not Cover 158  Liability of the Title Examiner 162   14 Case Studies 164   Case #1 Who Owns the Road? 164  Case #2 Who Owns the Land? 168  Case #3 How Much Research is Necessary? 170  Case #4 How Wide is the Right of Way? 173  Case #5 When Does a Road Become Not a Road? 179  Case #6: Presumption of Ownership to Centerline Overcome 182  Case #7 Right of Way Created by Estoppel 187  Case #8 The Marginal Road, a Special Case 191  Case #9 Road Constructed Outside of Layout 194  Case #10 Reversion of a Cemetery Lot 196  Case #11 Determining Title to Land Parcel When a Road is Relocated 205  Case #12 Easement by Agreement Resulting in Cessation of Necessity 214  Case #13 Road Shown on Subdivision Plat Not a Public Way 218  Case #14 Railroad as Abutter Not Receiving One-Half of Vacated Highway 225  Case #15 Overburdening an Easement Causing Its Termination 231  Case #16 Major Expansion of Development Not Causing an Overburden 238  Case #17 Proprietor's Way 242  Case #18 Easement by Custom 249  References 259  For Further Reference 260  Glossary 264  Index 281
 Abstract:             
              The most up-to-date guide to easements and reversions written specifically for the land surveyor,  Easements Relating to Title Examination and Land Surveying  succinctly and incisively covers easements and reversions, written specifically for the land surveyor.                 Read more...