Fundamentals of Property Rights and Boundaries

$30.00

The special boundary problems includes what is commonly referred to as “hiatuses,” “overlaps,” Junior-Senior “corners,” Junior-Senior “surveys” and state boundaries. There is no anticipation in the system of rectangular surveys that a hiatus or overlap would (or could) occur; the various manuals of surveying instructions do not mention them at all.

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Description

The special boundary problems includes what is commonly referred to as “hiatuses,” “overlaps,” Junior-Senior “corners,” Junior-Senior “surveys” and state boundaries. There is no anticipation in the system of rectangular surveys that a hiatus or overlap would (or could) occur; the various manuals of surveying instructions do not mention them at all. In strictly legal contemplation they do not and cannot exist because all must have an ownership, there is no such thing as “no-man’s land”. Conversely, it is not possible for two different persons to hold a clear free title to the same tract of land. Hiatuses and overlaps are therefore as much legal problems as they are problems for the surveyor. Every land surveyor has been confronted by small hiatuses or overlaps (junior-senior conflicts in title descriptions) and may at some time be confronted with a larger discrepancy which is then termed either a hiatus or an overlap. He or she must make a surveying decision and follow some course of action or they must make a recommendation for a surveying solution to the problem. This is a 2 hour online continuing education course for Land Surveyors.