History and Concept of
Boundaries
January 20, 2015
Boundaries created by
• Action
• Place monuments, drawn on plats/notes
• Writings
• Describe corners/monuments in deed, legal
• Law
• Create, modify and relocate modern boundaries
Principle 1: Boundaries enjoy a
long history
Principle 1: Boundaries enjoy a
long history
Principle 1: Boundaries enjoy a
long history
Principle 2: A surveyor creates
boundaries. Not Property
• Disputes to arise over interpretation of boundary
locations.
Principle 3: Boundaries may be
macro or micro
• Macro-National, State, County
• Micro-Individual Properties, Rights to Properties
Principle 4: A landowner can only
convey property for which they
have title.
• Title – Unique to English law
• Originate from:
•
•
•
•
Conquest
Grants from foreign power
Grants from original states
Grants from US
government
• Newly created lands
Principle 4: A landowner can only
convey property for which they
have title.
• Title-vehicle by which one acquires an estate
• Property• Corporeal-Tangible
• Incorporeal-Intangible
• Rights-Mineral, Water Rights,
• Interest-lien holder, easement
• Regulated by State Law
Principle 4: A landowner can only
convey property for which they
have title.
• Estate title
• Fee Simple Absolute
• Fee-estate can be inherited
• Simple- estate can be inherited by anyone
• Absolute-no conditions
Principle 4: A landowner can only
convey property for which they
have title.
• Easements
• Affirmative Easements-Allows someone else to do
something
• Negative Easements-precludes a title holder from doing
something
• Appurtenant Easements-attaches to the property
• Easement in gross-attaches to the person
Principle 4: A landowner can only
convey property for which they
have title.
• Real and Personal Property
Principle 5&6: Real Property
controlled by State Law
• Lex Loci- Law of the place
Principle 7: Once boundaries are
created the line may by law or
actions of the landowners be
changed
• Agreement
• Acquiescence
• Adverse Possession
• Judicial Action
http://www.lrc.ky.gov/statutes/chapter.aspx?id=39261
Principle 8, 9 & 10: There can only
be one original description of the
same property
• Retracements
Property Rights
• REAL AND PERSONAL PROPERTY DISTINCTION
• Real Property
• Fixed
• Immobile
• Permanent
• Personal Property
• Movable
• Consumable
Role of the Surveyor
• CREATION OF BOUNDARY LINES
• Boundary lines are created by surveyors;
• property lines are created by law
Role of the Surveyor
• A boundary is a closed geometric figure. This allows an
entity to claim rights within this boundary. Monuments are
frequently used to identify the corners as evidence of the
boundary.
• Once a surveyor has created a boundary, it remains in
perpetuity (changes may be made in the future). This
boundary separates the rights to be claimed by two entities.
• Once created, another surveyor attempts to reconstruct the
intent and location of the boundaries. The later surveyor,
after consideration, gives his/her OPINION of the location of
the boundaries.
• In the USA, only courts have the authority to determine
specifically the location of retraced boundary lines.