A Treatise on the Law of Surveying and Boundaries

Frank Emerson Clark

Bobbs-Merrill Company, 1922 - 631 páginas

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LAND SURVEYING Section 1 Generally	1

History	2

Section	3

Metes and bounds 4 The rectangular system	4

Fixed monuments	5

Courses	6

Distances 8 Courses and distances yield to fixed monuments 9 Retracing lost lines 10 To run out old lines where none of the original monuments can ...	7

When no original monument can be found	8

Accretion and movable islandsAvulsion	302

Right to build wharves and docks	303

Highwater mark and lowwater mark	304

Water must form boundary to give riparian rights 300 Additional rules for apportioning flats	305

Division of bed of round lake	309

Division of dock privileges distinguished between division of bed of lake	313

State owns the beds of navigable streams and lakes	314

Meander line established by gross fraud or mistake	315

Instruments and chains or tapes	9

Old surveys presumed correct 14 Witness trees	10

Corners	11

Corners marked by mounds and pits	12

Where mounds and pits are destroyed	13

Caution 19 What this work intended to	14

CHAPTER II	16

Parallels of latitude	22

Base line	23

Principal meridian	24

Townships	25

Guide meridians	26

Standard parallels	27

Ranges	28

Sections	29

Sections how numbered	30

Originally townships were seven miles square	31

Reduction of size of township	32

Surveyorgeneral	33

Subdividing into half sections	34

Corners and quarterlines	35

General land office established	36

Sale of public lands	37

Special rules for survey of water frontage	38

Powers devolve on commissioner of land office 49 Fieldnotes delivered to stateAccess thereto 50 Field notes condition of delivery 51 Surveyorgener...	39

Basis of system of survey 53 Government survey conclusive 54 Official plat governs 55 When lands considered surveyed	45

Boundaries and contents of public landsHow ascertained Deficiency 57 58 Water line a boundary 59 To find center of section	48

Actual survey governs	49

Lines of division of halfquarter sections How run? 62 Fractional sections 63 Variance in form of surveys on rivers	50

Departure from rectangular system in California	51

Extension of public surveys over mineral land 66 When survey may be had by settlers of township	52

Deposit for expenses deemed an appropriation	53

Deposits made by settlers to apply on lands 69 Modification of lines in Nevada 70 Settlers rights in unsurveyed lands	54

CHAPTER IV	55

Applicable to all systems of survey	56

Magnetic needle not now used	57

Harmonizing calls 84 Integrity of surveyor	61

Originality 86 Importance of instructions to original surveyors	62

Double corners 88 Old isolated surveys	63

Tests by retracing lines in immediate vicinity Section	64

CHAPTER V	65

Generally 91 Initial points of survey 92 The base line	66

Principal meridian 94 Standard parallels	67

Guide meridians 96 Township exteriors	68

Positions of base lines and principal meridians 98 The sixteen township blocks	70

Forming townships	72

Government will not issue instructions to local surveyors 75 Linetrees	74

Adjusting instruments and testing chain or tape	76

Swearing in assistants	77

Proportional measurements	78

Government corners preserved by land owners	79

Certainty of evidence	80

Searching for obliterated corners	81

Direction of range lines in subdividing townships	104

Direction of township lines in subdividing township	105

Meridional section lines	106

Line between thirtyfive and thirtysix	107

Line between twentyfive and thirtysix	108

Other sections lying north of thirtysix	109

Line between sections one and	110

When north boundary of township is a base line	111

Rule as to other sections	112

General requirements reiterated	113

Miscellaneous suggestions	114

Quartersection corners	115

Impassable objects on south boundary of township	116

Where no part of south boundary established	117

Inaccessible point for corner	118

Extension of regular lines impossible	119

Dependent resurveys and private land claims	120

Independent resurvey	121

Metes and bounds survey of private claims RulesMetes and boundsResurveys	122

Example of dependent resurvey	124

Areas of lots in section	131

CHAPTER IX	136

Navigable riversPublic highways	140

In some jurisdictions state owns beds of navigable rivers below highwater mark	141

State owns the beds of lakes	143

Lowwater mark is the boundary in some states	144

May hold to waters edge 168 May take to thread of stream	145

The owner of the shore owns unsurveyed islands	147

Where lake is a boundary	148

CHAPTER X	151

Excess or deficiency apportioned to several subdivisions	153

Excess or deficiency in north half of section in northern tier of sections in a township	154

Deficiency in two northern tiers of sections	155

To establish sixteenth corner in north tier of sections in town ship 176 Excess and deficiency apportioned	157

Transfer of whole tract at same timeExcess divided 179 Hold in proportion to widths granted	160

Apportioned among all of the lots	161

Excess or deficiency presumed to cover whole line	163

Where deeds show intent to convey whole tract 183 Where tract supposed to contain a certain area	164

Deficiency of irregular lots not paralleling each other	165

In certain cases the excess is not to be apportioned 186 Error in platting village 187 In some cases deficiency falls on fractional lots	168

Deeds executed by same grantor at same time 189 Excess in irregular tracts	169

Separate surveys and successive conveyances	172

Irregular lots may take all excess or stand all deficiency	173

Replatting of original block 193 Dimensions each lot except one irregular lot declared	175

Permanent monuments must not be moved in apportioning	194

CHAPTER XII	196

218	202

Meander corners	214

The declarations of an agent 236 Admitted monumentsOthers lost 237 Original notes of survey	215

Declaration in favor and against interest	220

Omissions in calls may be supplied under certain conditions	223

Conflict of callsMost material calls control	224

Mistakes in calls of a patent may be corrected 241 Plan not yet made or recorded	225

CHAPTER XIV	227

Alluvion soil is of imperceptible growth	230

Riparian owners are the owners of the alluvial deposits	231

DerelictionReliction	233

Avulsion	234

Riparian rights in waters in Pacific Coast states	235

Accretion and alluvionPartition	237

Right to accretion may rest on lands of another	238

State boundaryGradual changes	245

State boundarySudden changes	246

Boundary line between states center line of main channel 253 Unsurveyed islands in navigable rivers	247

Apportion navigable waters to owners of shore line	248

Shifting water line the boundary	250

Nonnavigable lake a boundary	254

No reservation between meander line and water 258 Takes beyond meander line and quarter line to water	255

Division of docking privileges on meandered and navigable stream	256

Meaning of shore and shore line 261 Division where stream is straight	258

Owner of bank owner of bed of stream or inlet and of beneficial use thereof	260

Rule for division of shore on rivers and lakes differ	261

Riparian owner entitled to island in stream	262

Riparian owner has free access to navigable part of stream	265

Title by accretion may be lost	266

Regaining land lost by erosion or submergence	267

Division of accretion where shore line approximately straight	268

Division where shore line curves 270 Division of cove privileges on land bordering on	269

General rule of division of accretion must give way under special circumstances	270

Line of division of flats to run at right angles to lowwater mark 273 Lake dried upRiparian entrymans rights	272

Meander	274

line held to be the boundary line	276

Conveyance on meandered lake carries all the land 276 Law of state determines title to land under lake	279

Title to bed of navigable and nonnavigable waters	280

Division of alluvial on unnavigable river	282

Meander line and official plat	283

Riparian rights on nonnavigable lake same as on streams	285

Patent of lake shore carries all of the land	286

Division of rights of accretion among riparian owners	287

Meander line run as near water as possible 284 Where water line the boundary but shifts	289

To entitle party to alluvium water must form boundary	291

Doctrine of accretion applies to states and nations 287 Local laws generally determine rights of accretion	292

Public or private road may modify rule	293

Accumulation on shore or filling up from bottom	295

BattureShoalsShallows	297

Loss by accretion or submergence 292 Strip of land between bank and meander line	298

Boundary line between states is center line of main channel	299

Unsurveyed island in navigable river	300

Title to beds of navigable rivers	301

Division of cove flats	318

Rules for division of shore line	322

Irregular linesIslandsStraight lines	324

Islands	325

308a Straight lines 309 Division by shortest distance to stream	326

AccretionRevulsionReliction	328

Rights on navigable and nonnavigable waters	331

Riparian rightsRelease and extent	332

What is a navigable river?	333

Riparian rights a valuable appurtenant	334

Riparian owners	335

Boundaries between owners of accretion	336

Island and main shore	338

Course of stream changing 319 How to find center of thread of stream	340

Right to accretions depends on conditions at date of grant	341

Revulsion of riverBoundary remains unchanged	342

Division of long irregular lake	346

Title to bed and shores of water ways	347

Laws of state determine extent of riparian proprietors rights 325 Division by bisecting angle between curved shores	356

Partition of land on inland lakes	357

CHAPTER XV	359

To reestablish lost corner common to four townships 381 To restore corner common to four townships where the lines from three directions only ha...	360

cess or deficiency	367

Subdividing sections	368

General rules and deductions	369

Extinct corners and identification of memorials	370

Exceptional cases	371

Magnetic declination 345 Marks on monuments of survey	373

Restoration of corners on base lines and standard parallels 347 What are standard corners?	374

Restoration of lost closing corners in certain cases 349 The proportions to be used	375

Restoration of township corners common to four townships	376

Restoration of corners common to two townships 352 Restoration of closing corners	377

Restoration of interior section corners 354 Restoration of quartersection corners on township boundaries	378

Restoration of quartersection corners on closing section lines between fractional sections 356 Restoration of interior quartersection corners	379

Where double corners were originally established one of which is known to restore the other	380

Where double corners were originally established and both are missingTo restore the one established when the township line was run 359 Where dou...	381

Where triple corners were originally established on range lines one or two of which have become obliteratedTo restore either of them 361 Where trip...	382

Reestablishing meander corners	383

Fieldnotes and records	384

Subdivision of sections	385

Subdivision of sections into quarters	386

Subdivision of fractional sections 368 Subdivision of quartersections into quarterquarters 369 Subdivision of fractional quartersections	387

Proportionate measurement	388

Equitable part of surplus apportioned to entire line Distinction between corner and monument 372	389

Monuments and accessories 374 An existent or known corner 375 Character of original monuments and accessories	390

What is a lost corner?	391

Proportional measurement	393

To restore lost meander corner 383 Restoring lost corners on broken boundaries	400

Single proportionate measurement	403

Government corners conclusive 386 Obliterated meander corners 387 Irreconcilable and inconsistent calls	404

Original corners can not be corrected by court 389 Survey made under state law 390 Where government survey is grossly fraudulent	405

Apportion distance between two known corners to establish lost corner	406

Witness trees 393 Lost corner on standard parallel 394 Variation between meander line and fieldnotes 395 Courses and distances yield to fixed monu...	408

CHAPTER XVI	410

Identify monumentAmbiguous description	413

Original corners and patent inconsistent	414

Marked treesCourses and distancesParol evidence	415

General reputationDeclarationsPrivate boundaries	422

Depositions of deceased surveyor taken in other case 418 Deceased surveyors ancient plans notes etc admissible 419 Declarations of interested perso...	423

CHAPTER XVII	426

Valid and effective	434

False and inconsistent descriptions 429 Words may be rejected as surplusage	436

Construed most strongly against grantor 431 Construction should be equitableNot technical 432 Deed should have reasonable construction 433 Refer...	437

Latent ambiguity explained by parol testimony 436 Precise and general descriptions irreconcilable 437 Retain description which best subserves intent...	438

Town plats illegally recorded or not recorded 441 Boundary recognized by parties 442 Parol evidence of declarations of covenantor 443 Beginning ...	439

Running to a known line 445 Northerly means north 446 Deed referring to plan 447 Contents yields to certain boundaries 448 Line center of highwa...	440

Laying off given quantity 451 The calls of an entry 452 May discard less important calls 453 Quantity a leading factor in determining boundary	441

Adhere to quarterline as more certain 455 Private way a boundary 456 Apportion excess on whole line 457 Center of street the boundary	442

Invalid plat 459 Adjoining property may be consulted 460 Monuments control over quantity 461 Government plan and quantity aid construction 46...	443

Government patent part of description	444

Variance in measurementPresumed in whole line 465 Extrinsic evidence to explain calls	445

Course and distance may be rejected as erroneous	453

What distance to take	460

502	466

CHAPTER XIX	473

Fractional section five no quarter corners established	478

Two section corners and one quarter corner only established 516 Fractional section twoEast part in lakeRun quarter lines	481

More or less according to the United States survey	483

The north eighty acres of N W 4 of section five 519 Quarterquarter corner in fractional section	486

Quarterquarter corner west half section six 521 Quarter corners north and west sides of section	487

Quarter corners other than six on north and west sides township 523 Lost quarter corner west side of section	489

Lost interior section corners common to four sections 525 Lost corners common to four sections on town or range line 526 Lost corner common to t...	492

Where section lines are not due lines 528 A lost closing corner 529 A lost standard corner 530 Restoration of township corners common to four town...	493

Reestablishment of lost closing corner 532 Reestablishment of meander corners	494

To reestablish one of two double corners	496

Reestablish double corner where both are missing 535 To reestablish one missing triple corner on range line	497

Reestablish triple corners on range line where all are missing 537 To restore fractional section lines closing upon reservations or grants to private pers...	498

Relocation of moved corners 539 To establish west quarter corner of section	499

To establish 116 corner of same section north of the quarter corner 541 To establish north quarter corner of section six in a township bordering on c...	500

To establish north quarter corner of section five in a township bordering north on a correction line 543 To reestablish the east quarter corner of secti...	501

Observations on different methods of establishing quarter quarter corners north of center in fractional sections	502

CHAPTER XX	506

Dedication to public or charitable use 547 Methods of dedication	507

Dedication by platAcceptance	508

Rights of dedicator Completed dedication irrevocableReverter 550	510

Certain acts do not constitute dedication 552 Reservation of minerals in dedication of street 553 Estoppel of grantee as against public	511

Estoppel of proprietor of plat	512

Words of dedication	513

CHAPTER XXI	514

Parol agreement as to boundary 558 Consent to rectify crooked boundary 559 Boundary line agreed upon conclusive	515

Trustee bound in private capacity also 561 Ignorant as to line and agreement between owners 562 Agreements on dividing line not a conveyance	516

Party not estopped under certain circumstances	517

Agreement to employ a surveyor	518

AcquiescenceMistakeEstoppel	519

Agreements under mistake as to facts	520

Adverse possession under color of title	521

Agreement on line indefinite and uncertain 569 Practical location of line	522

Estoppel by acts	523

Agreements compromises approved and encouraged	525

Room for controversy and disagreement over line essential in most jurisdictions	526

CHAPTER XXII	528

CHAPTER XXIV	539

Must have possession of the thing	540

What constitutes adverse possession?	542

Inferences from acts of party 589 Who may acquire title by adverse possession?	543

PossessionActual and constructive	544

Visible and notorious possession 592 Possession must be hostile	546

Occupying to boundary lineAgreements	547

Possession must be exclusive 595 Possession must be continuous	548

Tacking possessions	549

CHAPTER XXV	550

Retracing the line of a highway	553

Highway by user or prescription	554

The user	555

Alteration 603 Vacation	556

Nonuser 605 Failure to open or repair	557

Fencing in parts of highway	558

Nonuser of streets distinguished from highways	559

Elevation in highway deflecting travel Section	560

CHAPTER XXVI	563

Liability of surveyorError in fixing boundary	574

Degree of care required of surveyor	575

Private and county surveyor alike liable for negligence	576

Not liable for excess of land parted offLiable for fees paid him 578 Surveyors as experts	577

Libel or slander of surveyor CHAPTER XXIII	579

Generally	580

Plat must be made and acknowledged by owner of lands 582 Estoppel	581

Reestablishment of lost corners	582

Evidence	583

Owners of lots in platted lands have easements in streets	584

Subdivision of townships	585

Double proportionate measurement	602

Special information 329 An obliterated corner 330 Private surveyors	616

General rules	618

Monuments on the ground	619

Adjoining tracts or adjoiners	620

Block surveys	621

Connecticut	622

Maryland	623

Other states	624

Direitos autorais

Outras edições - Ver todos

A Treatise on the Law of Surveying and Boundaries, Volume 1
Frank Emerson Clark
Visualização completa - 1922

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Termos e frases comuns

40 chains accretion alluvium bank base line body of water boundary line claim courses and distances court daries east and west east boundary East Omaha established excess or deficiency field-notes fractional sections government surveyors guide meridians held high-water mark instructions Iowa island lake land office lost corner lost or obliterated Lovingston low-water mark Manual meander corners meander line metes and bounds Minn monuments navigable streams nonnavigable north and south north or west notes Obliterated Corners Ohio river original corner original survey patent plaintiff plat Post ch principal meridian proportionate measurement public lands quarter quarter-corner quarter-quarter quarter-section corners random line range lines reference resurvey retracing riparian owner riparian proprietor riparian rights river rule section corner section lines shore line south boundary standard parallels Stat surveyor-general thereof tion township lines tract of land trees true line width

Passagens mais conhecidas

Página 528 - ... to hatred, contempt, ridicule or obloquy, or which causes, or tends to cause any person to be shunned or avoided, or which has a tendency to injure any person, corporation or association of persons, in his or their business or occupation, is a libel.‎

Aparece em 118 livros de 1881-1988

Página 23 - That the surveyor general shall cause the townships west of the Muskingum, which, by the above-mentioned act, are directed to be sold in quarter townships, to be subdivided into half sections of three hundred and twenty acres each, as nearly as may be, by running parallel lines through the same from east to west, and from south to north...‎

Aparece em 60 livros de 1803-2003

Página 447 - When a road, or stream of water not navigable, is the boundary, the rights of the grantor to the middle of the road or the thread of the stream are included in the conveyance, except where the road or thread of the stream is held under another title.‎

Aparece em 69 livros de 1850-1998

Página 49 - Where settlements with a view to pre-emption or homestead have been, or shall hereafter be made, before the survey of the lands in the field, which are found to have been made on sections sixteen or thirtysix, those sections shall be subject to the claims of such settlers...‎

Aparece em 116 livros de 1875-2007

Página 36 - Congress, may not be appropriated for satisfying military land bounties, and for other purposes, shall be divided by north and south lines, run according to the true meridian, and by others crossing them at right angles, so as to form townships of six miles square...‎

Aparece em 140 livros de 1803-2007

Página 47 - S_urveyor-General, and shall file an application therefor in writing and shall deposit in a proper United States depository to the credit of the United States a sum sufficient to pay for such survey, together with all...‎

Aparece em 49 livros de 1856-2007

Página 37 - ... the excess or deficiency shall be specially noted, and added to or deducted from the western and northern ranges of sections or half sections in such township, according as the error may be in. running the lines from east to west, or from south to north.‎

Aparece em 122 livros de 1803-1995

Página 325 - The test as to what is gradual and imperceptible in the sense of the rule is, that though the witnesses may see from time to time that progress has been made, they could not perceive it while the process was going on.‎

Aparece em 66 livros de 1866-2005

Página 36 - The public lands shall be divided by north ***' and south lines run according to the true meridian, and by others crossing them at right angles, so as to form townships of six miles square, unless where the line of an Indian reservation, or of tracts of land heretofore surveyed or patented, or the course of navigable rivers, may render this impracticable; and in that case this rule must be departed from no further than such particular circumstances require.‎

Aparece em 60 livros de 1813-1980

Página 37 - The township shall be subdivided into sections, containing, as nearly as may be, six hundred and forty acres each, by running through the same, each way, parallel lines at the end of every two miles; and by making a corner on each of such lines, at the end of every mile. The sections shall be numbered respectively, beginning with the number one in the northeast section and proceeding west and east alternately through the township with progressive numbers till the thirty-six be completed.‎

Aparece em 94 livros de 1796-2002

Informações bibliográficas

Título	A Treatise on the Law of Surveying and Boundaries
Autor	Frank Emerson Clark
Edição	2
Editora	Bobbs-Merrill Company, 1922
Original de	Harvard University
Digitalizado	7 maio 2008
Num. págs.	631 páginas

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