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The History and Legal Concepts of Boundaries

Explore the long history and modern legal principles of boundaries, their creation, and modification, with a focus on boundary disputes, property conveyance, and the role of surveyors. Learn about types of boundaries and their significance in property law. Discover the intricacies of property rights, including distinctions between real and personal property, as governed by state laws. Delve into the essential principles guiding boundary creation and changes. Understand the critical role surveyors play in establishing and interpreting boundary lines, utilizing monuments and legal frameworks. Gain insights into the complexity of boundary location determinations and the legal processes involved, including retracements and property rights disputes.

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The History and Legal Concepts of Boundaries

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  1. History and Concept of Boundaries January 20, 2015

  2. Boundaries created by • Action • Place monuments, drawn on plats/notes • Writings • Describe corners/monuments in deed, legal • Law • Create, modify and relocate modern boundaries

  3. Principle 1: Boundaries enjoy a long history

  4. Principle 1: Boundaries enjoy a long history

  5. Principle 1: Boundaries enjoy a long history

  6. Principle 2: A surveyor creates boundaries. Not Property • Disputes to arise over interpretation of boundary locations.

  7. Principle 3: Boundaries may be macro or micro • Macro-National, State, County • Micro-Individual Properties, Rights to Properties

  8. 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

  9. 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

  10. 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

  11. 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

  12. Principle 4: A landowner can only convey property for which they have title. • Real and Personal Property

  13. Principle 5&6: Real Property controlled by State Law • Lex Loci- Law of the place

  14. 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

  15. Principle 8, 9 & 10: There can only be one original description of the same property • Retracements

  16. Property Rights • REAL AND PERSONAL PROPERTY DISTINCTION • Real Property • Fixed • Immobile • Permanent • Personal Property • Movable • Consumable

  17. Role of the Surveyor • CREATION OF BOUNDARY LINES • Boundary lines are created by surveyors; • property lines are created by law

  18. 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.

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