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Legal Aspects of Land Surveying (v2)

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Tony Nettleman
Tony Nettleman

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

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CN | www.CNettleman.netCN | www.CNettleman.net LEGAL ASPECTS OF LAND SURVEYING By Dr. Tony Nettleman, PSM, Esq. Copyright Nettleman Land Surveying, INC (2016) 息
CN | www.CNettleman.net TOPICS FOR OUR LECTURE Court Systems History of Boundaries Boundary Creation Ownership Principles Estates in Land Conveyances Adverse Possession
CN | www.CNettleman.net HISTORY OF BOUNDARIES Fig 1: Prehistoric boundaries Fig 2: Modern boundaries
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
CN | www.CNettleman.net Boundaries are Created Only Once Fig 3(a) and 3(b): Two land survey plats
CN | www.CNettleman.net HOW ARE BOUNDARIES CREATED? By Action By Words By Law
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
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 didnt make it in most of the USA (is in Iowa) First introduced into NSW 1862 later amendments consolidated into the Real Property Act 1900
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
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
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
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

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Legal Aspects of Land Surveying (v2)

  • 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) 息
  • 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. CN | www.CNettleman.net HISTORY OF BOUNDARIES Fig 1: Prehistoric boundaries Fig 2: Modern boundaries
  • 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. CN | www.CNettleman.net Boundaries are Created Only Once Fig 3(a) and 3(b): Two land survey plats
  • 6. CN | www.CNettleman.net HOW ARE BOUNDARIES CREATED? By Action By Words By Law
  • 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. 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 didnt 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. 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. 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. 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. 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