The new edition of Brown's Boundary Control and Legal Principles has been updated to reflect ongoing changes in surveying technology and surveying law, notably by adding water boundary expert George Cole as a contributor to revamp information on Riparian and Littorial Boundaries. Additionally, a new appendix has been introduced containing a comprehensive list of surveying books that have been referenced in court cases and legal decisions as persuasive authority over the years. It is indispensable reading for students and practicioners studying for the Fundamentals of Land Surveying licensure exam.
Intro Brown's Boundary Control and Legal Principles Copyright Contents Preface to the Seventh Edition Acknowledgments Chapter 1: History and Concept of Boundaries 1.1 Introduction 1.2 Significance of Boundaries 1.3 Boundary References 1.4 Terminus: The God (or Goddess) of Boundaries 1.5 Disputes and Boundaries 1.6 Role of the Surveyor in Boundaries 1.7 What Is Being Created? What is Being located? 1.8 Original Written Title 1.9 Rights and Interests in Land Are Composed of a Bundle of Rights 1.10 Role of the Court 1.11 Real and Personal Property 1.12 What Constitutes Real Property 1.13 Nature of Modern Estates 1.14 Taxes on Land and Tax Maps 1.15 Easements and Licenses 1.16 Servitudes, Restrictions, Covenants, and Conditions 1.17 Actions on Boundaries and Easements 1.18 One Unique Parcel or Boundary 1.19 The Original Boundaries Are Sacred 1.20 Conclusions Bibliography Notes Chapter 2: How Boundaries are Created 2.1 Introduction 2.2 Definitions 2.3 Classification of Boundaries 2.4 Methods of Boundary Creation Creation of Boundaries by Running Lines Creation of Boundaries by Verbal Actions Creation of Boundaries by Survey 2.5 Who May Create Boundaries? 2.6 Sanctity of the Original Survey 2.7 Original Lines Remain Fixed 2.8 Distinctions between the Original Boundary Survey, the Retracement Survey, and the First Survey 2.9 Original Technological Methods of Boundary Creation Not Relatable to Modern Methods 2.10 Original Lines May Be Redescribed As a Result of a Retracement 2.11 Conclusions Notes Chapter 3: Ownership, Transfer, and Description of Real Property and Accompanying Rights 3.1 Concepts of Boundaries, Land Ownership, and Land Descriptions 3.2 Overview of Boundaries Metes and Bounds Creation. GLO Creation 3.3 Public and Private Lands 3.4 Sources of Title 3.5 Voluntary Transfer of Real Property 3.6 Chain of Title 3.7 Torrens Title System 3.8 Unwritten Rights or Title to Land 3.9 Methods of Voluntary Transfer of Title 3.10 Deed or Description 3.11 Title or Lien 3.12 Deed of Trust 3.13 Mortgage 3.14 Escrow 3.15 Title Assurance and Title Insurance 3.16 Abstractors 3.17 Attorney's Opinion 3.18 General Land Descriptions 3.19 What Is in a description? 3.20 Measurements 3.21 Magnetic Directions 3.22 Reference Datums 3.23 Elements of Land Descriptions 3.24 Types of Descriptions 3.25 Conclusions Notes Chapter 4: Boundaries, Law, and Related Presumptions 4.1 Introduction 4.2 Constitutional Law and the Surveyor 4.3 Jurisdiction 4.4 Federal Jurisdiction 4.5 Federal Government, Agency, or Officer as a Party 4.6 Sovereign Immunity 4.7 United States as a Defendant 4.8 Disposing of Federal Lands 4.9 Color of Title Act 4.10 Public Law 120 4.11 Small Tracts Act 4.12 Researching the Laws 4.13 Court Reports 4.14 Legal Research 4.15 Judicial Notice 4.16 Evidence 4.17 Presumptions Definition 4.18 Common Presumptions 4.19 Survey Systems Present in the United States 4.20 Conclusions References Notes Chapter 5: Creation and Interpretation of Metes and Bounds and Other Nonsectionalized Descriptions 5.1 Introduction 5.2 Methods of Creating Metes and Bounds or Nonsectionalized Descriptions 5.3 Metes Descriptions 5.4 Bounds Descriptions 5.5 Combination Metes and Bounds Descriptions 5.6 Strip Descriptions and Stationing 5.7 Descriptions by Reference 5.8 Aliquot Descriptions 5.9 Other Means of Creating Boundaries in Descriptions Division Line Description Distance Description. Proportional Conveyance Description Exception Description Area Description "Of" Description 5.10 Nomenclature in Metes and Bounds Descriptions Direction of Travel Measurements of Distance Monuments Record Monuments and Adjoiners Properties of Monuments 5.11 Adjoiners 5.12 Deed Terms for Curves Curves 5.13 Lines and Their Elements Lines Compass Direction Deflection Angle Interior and Exterior Angles Azimuth Compass Points Parallel Lines Coordinates Lambert and Mercator Grids 5.14 Tax Descriptions and Abbreviated Descriptions Tax Statements Abbreviated Descriptions 5.15 Subdivision Descriptions 5.16 Parcels Created by Protraction 5.17 Features of Platting Acts 5.18 Writing Land Descriptions 5.19 Early Surveys 5.20 Priority of Calls in Metes and Bounds Surveys 5.21 Applying Priority Calls Lines Actually Run Monuments Set Adjoining Parcels Area 5.22 Conclusions Notes Chapter 6: Creation and Retracement of GLO Boundaries 6.1 Introduction 6.2 Original Surveys and Corrective Surveys 6.3 Law, Manuals, and Special Instructions 6.4 Effect of Manuals on Resurveys 6.5 History of the Public Land Survey System 6.6 Testing Ground: The Seven Ranges Outline of the Provision of the Ordinance of May 20, 1785, the Northwest Ordinance 6.7 Act of May 18, 1796-Clarification of 1785 Summary of the Act of 1796 6.8 Acts of 1800 Act of March 1, 1800 Act of May 10, 1800 Structure of Sections 6.9 1803-The System Explodes 6.10 Act of March 26, 1804 6.11 Act of February 11, 1805 6.12 Land Surveys After 1805 6.13 Survey Instructions Tiffin's Instructions General Instructions for Deputies 6.14 State Instructions and Statutes Act of March 3, 1811 (Louisiana) Louisiana Instructions and Statutes. Half-Mile Posts: Alabama and Florida 6.15 Instruments Used 6.16 Field Notes 6.17 Nomenclature for Sections 6.18 Meandering 6.19 Resurveys and Retracements 6.20 Defective Boundaries Encountered in Resurveys 6.21 Sectionalized Surveys and Innovations 6.22 Irregular Original Government Subdivisions 6.23 Townships Other Than Regular 6.24 Summary of the GLO System Notes Chapter 7: Federal and State Nonsectionalized Land Surveys 7.1 Introduction 7.2 Early New England and Other Colonial-Era Surveys 7.3 Ohio Company of Associates 7.4 Donation Tract 7.5 Symmes Purchase 7.6 Virginia Military District 7.7 United States Military Tract 7.8 Connecticut Western Reserve and Firelands 7.9 Moravian Tracts 7.10 Florida Keys Survey 7.11 Donation Land Claims 7.12 Exchange Surveys and Their Status 7.13 Prior Land Grants from Foreign Governments 7.14 French Grants in the Louisiana Purchase 7.15 Mississippi Townships 7.16 Soldier's Additional Homestead 7.17 Indian Allotment Surveys 7.18 National Forest Homestead Entry 7.19 Tennessee Townships 7.20 Florida: Forbes Company Purchase Surveys 7.21 Georgia Lot System Surveys in the Noncontinental United States 7.22 General Comments 7.23 Hawaiian Land Laws Hawaiian Land Titles Hawaiian Law and Kamaaina The Great Mahele of 1848 Hawaiian Land Court Hawaiian Surveys Water Boundaries Adverse Possession 7.24 Puerto Rican Land Surveys Old Spanish Surveys Modern Land Subdivisions In Puerto Rico Natural Watercourses Land Parcel Research Survey Authority Preparation of Deeds and Descriptions Registration of Land Titles 7.25 Federal Mineral Surveys: General Comments 7.26 Water and Mineral Right Laws 7.27 Land Open to Appropriation of Minerals 7.28 Veins, Lodes, or Ledges. 7.29 Extralateral and Intralimital Rights 7.30 Mill Sites 7.31 Tunnel Locations 7.32 Size of Claims 7.33 Discovery 7.34 Locations 7.35 Possession 7.36 Annual Expenditures 7.37 Requirements for Patent 7.38 United States Mineral Surveyors 7.39 Survey of the Claim 7.40 Conclusions Recommended Reading Notes Chapter 8: Locating Easements and Reversions 8.1 Introduction 8.2 Rights Granted 8.3 Fee Title or Easement Right 8.4 Three Easement Descriptions and Three Boundaries 8.5 Ownership of the Bed of Easements 8.6 Surveyor's Responsibility as to Easements 8.7 Requirements for Locating Easements 8.8 Centerline Presumption 8.9 Conveyances with Private Way Boundaries 8.10 Use of Easements 8.11 Revival of Public Easements 8.12 Creation of Easement Boundaries 8.13 Dividing Private Street Ownership 8.14 Words Used in Centerline Conveyances 8.15 Apportioning Reversion Rights 8.16 General Principle of Reversion 8.17 Reversion Rights of a Lot on a Curved Street 8.18 Lots Adjoining Two Subdivision Boundaries 8.19 Lots at an Angle Point in a Road 8.20 Indeterminate Situations 8.21 Exceptions to the Rules of Apportionment 8.22 Describing Vacated Streets and Easements 8.23 Litigating Easements 8.24 Conclusions Notes Chapter 9: Riparian and Littoral Boundaries 9.1 Introduction 9.2 Ownership of the Seas 9.3 Ownership of the U.S. Territorial Sea Federal Claims State Claims 9.4 Ownership of Interior Tidal Waters of the United States 9.5 Landward Boundary of Tidal Waters General Anglo-American Common Law Exceptions Based on Massachusetts Colonial Ordinance Exceptions Based on Civil Law 9.6 Ownership of Nontidal Navigable Waters 9.7 Landward Boundaries of Nontidal Waters. 9.8 Significance of Public Land Survey Meander Lines.
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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2021. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.