Easements Relating to Land Surveying and Title Examination

DONALD A. WILSON is the President of Land & Boundary Consultants, Inc., in Newfields, New Hampshire.

1 INTRODUCTION

RIGHTS & INTERESTS in LAND; TRANSFER of OWNERSHIP

Means of Transferring or Obtaining Title or Rights in Land¹⁰

Chapter 2: Easements in General

Definition: What is an Easement?

EASEMENT TERMINOLOGY

INTERMITTENT EASEMENTS

Chapter 3: TYPES OF EASEMENTS

RIGHT OF WAY

RIGHT OF WAY LINE

Chapter 4: CREATION OF EASEMENTS

EXPRESS GRANT

RESERVATION OR EXCEPTION

AGREEMENT OR COVENANT

IMPLICATION

ESTOPPEL

PRESCRIPTION

DEDICATION

EMINENT DOMAIN

CUSTOM

VOTE OF A GOVERNING BODY

EXTENT AND SCOPE OF EASEMENTS

Chapter 5: TERMINATION OF EASEMENTS

EXPIRATION

RELEASE

MERGER OF TITLE

ABANDONMENT

ESTOPPEL

PRESCRIPTION OR ADVERSE POSSESSION

DESTRUCTION OF THE SERVIENT ESTATE

CESSATION OF NECESSITY

EMINENT DOMAIN

FRUSTRATION OF PURPOSE

OVERBURDEN

Chapter 6: EASEMENTS AND DESCRIPTIONS

GENERAL

VOID INSTRUMENTS

INTERPRETATION

Chapter 7: PROBLEM EASEMENTS

UNDESCRIBED EASEMENTS; BLANKET EASEMENTS

LOCATING AN UNDEFINED EASEMENT

HIDDEN EASEMENTS.

ROLLING EASEMENTS

SHORE ROAD ALLOWANCES IN CANADA.³⁴⁷

THE NEW ZEALAND EXAMPLE

Chapter 8: THE PROCESS OF REVERSION

ESTATE IN REVERSION

POSSIBILITY OF REVERTER

Chapter 9: REVERSION OF EASEMENTS

HIGHWAYS

FLOWAGE

RAILROADS³⁶³

Chapter 10: REVERSION RELATING TO HIGHWAYS (& TO OTHER TYPES OF RIGHTS OF WAY)

DISCONTINUANCE OR ABANDONMENT

ACTUAL HIGHWAY ABANDONMENT

PROCEDURE

PRESUMPTION OF LAW

OVERCOMING THE PRESUMPTION

ABANDONMENT, strictly speaking

Chapter 11: RULES FOR LOCATING AND DEFINING REVERSIONS

BASIC RULE

Curved Street

STREET INTERSECTION

OWNERSHIP AT INTERSECTION WITH REVERSION ONLY AT ONE STREET

CURVED STREET INTERSECTION

LOTS AT AN ANGLE POINT IN ROAD

LOTS ADJOINING A SUBDIVISION BOUNDARY

MARGINAL ROAD

SPECIAL CASES

PROBLEM CASES

DOCUMENTS INDEFINITE OR NOT AVAILABLE

SUMMARY OF PROCEDURE FOR DETERMINING REVERSION RIGHTS IN VACATED HIGHWAYS

Chapter 12: EASEMENTS AND THE LAND SURVEYOR

ALTA/ACSM STANDARDS.⁴²⁷

RIGHT OF WAY AS BOUNDARY LINE

RETRACEMENT OF RIGHT OF WAY LINE

RETRACMENT OF ORIGINAL SURVEY OF HIGHWAY

EASEMENT PLANS ARE LAND SURVEYS

LIABILITY OF THE LAND SURVEYOR

EASEMENTS ARE SIMILAR TO OTHER LAND

CHAPTER 13: EASEMENTS AND THE TITLE EXAMINER (or records researcher)

Items outside the period of search

Items not on the public record at the court house

Items to be shown by an accurate survey

Implied dedication and/or acceptance

What insurance does not cover

LIABILITY OF THE TITLE EXAMINER.

CHAPTER 14 CASE STUDIES

Case # 1 Who owns the road?

Case # 2 Who owns the land?

Case # 3 How much research is necessary?

Case # 4 How wide is the right of way?

Case # 5 When does a road become not a road?

Case # 6: Presumption of Ownership to Centerline Overcome

Case # 7 Right of way created by estoppel

Case # 8 The marginal road, a special case

Case # 9 Road constructed outside of layout

Case #10 Reversion of a cemetery lot

Case # 11 Determining Title to Land Parcel when road is relocated

Case # 12 Easement by Agreement resulting in Cessation of Necessity

Case # 13 Road Shown on Subdivision Plat not a Public Way

Case # 14 Railroad as abutter not receiving one-half of vacated highway

Case # 15 Overburdening an Easement Causing its Termination

Case # 16 Major Expansion of Development Not Causing an Overburden

Case # 17 Proprietor’s Way

Case # 18 Easement by Custom

REFERENCES

FOR FURTHER REFERENCE

GLOSSARY

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.