A Treatise on the Law of Surveying and Boundaries, Volume 1

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Bobbs-Merrill Company, 1922 - Boundaries (Estates) - 631 pages
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Contents

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
Base line 24 Principal meridian
23
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
Fieldnotes delivered to stateAccess thereto 50 Field notes condition of delivery 51 Surveyorgeneral general duties
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
46
Deficiency 58 Water line a boundary 59 To find center of section
48
Actual survey governs 61 Lines of division of halfquarter sections How run?
49
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 68 Deposits made by settlers to apply on lands
53
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 74 Government will not issue instructions to local surveyors 75 Linetrees
57
Adjusting instruments and testing chain or tape 77 Swearing in assistants 78 Proportional measurements
58
Integrity of surveyor 85 Originality 86 Importance of instructions to original surveyors
62
Double corners 88 Old isolated surveys
63
Tests by retracing lines in immediate vicinity
64
CHAPTER V
65
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
Double corners on standard parallels 101 Dividing blocks into townships south of the base line
74
CHAPTER VI
76
Knowledge of original survey necessary
77
Direction of range lines in subdividing townships
78
Government corners preserved by land owners
79
Certainty of evidence
80
Searching for obliterated corners
81
Line between twentyfive and thirtysix
82
Other sections lying north of thirtysix 110 Line between sections one and two 111 When north boundary of township is a base line
83
Rule as to other sections 113 General requirements reiterated
84
Miscellaneous suggestions 115 Quartersection corners
86
Impassable objects on south boundary of township 117 Where no part of south boundary established
88
Inaccessible point for corner 119 Extension of regular lines impossible
90
Dependent resurveys and private land claims
91
Independent resurvey 122 Metes and bounds survey of private claims
92
RulesMetes and boundsResurveys
93
Example of dependent resurvey
95
Fragmentary townships
101
CHAPTER VII
104
Information from land office 130 Boundaries of section
105
Subdividing a section into quarters 132 Closing lines of north and west sides of township
106
Double sets of corners on township and range lines 134 Subdividing fractional sections
107
Subdivision of quartersection into quarters
108
To establish quarterquarter corner north or west of center of section on north or west sides of township 137 To subdivide quartersection lying along ...
109
Proportionate measurement more reliable than adjustment of chain
110
Resurvey must be initiated and finished at certain and known points 141 Irregular and fractional sections
111
CHAPTER VIII
114
Formed by draftsmen in office 144 Rules for subdividing fractional sections 145 Boundaries of fractional lots
116
Townsites 147 Islands 148 Lots in section in north boundary of township
118
Lots in sections in west boundary of township 150 Lots in section
119
Fractional sections bordering on reservations
121
Mining or other claims 153 Uniform system of numbering lots 154 In irregular surveys
124
Areas in certain cases omitted
126
Areas of lots
133
Areas of lots in section six 158 Areas of tracts forty chains long north or west boundary 159 In conclusion
134
STREAMS LAKES AND PONDS Section 160 Generally
136
Ponds
138
Lakes
139
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
169
CHAPTER XI
180
Reservation or park boundary not a meander line 198 Meander run at mean highwater mark
182
When streams are meandered
183
Shallow streams not generally meandered 201 Where meander corners established
184
Meanders of lakes ponds bayous
185
Lakes and ponds within boundaries of single section 204 Location of island in lake or river 205 Meander corners not to be exposed to waves and
186
Lands unsurveyable 207 Mistake or fraud in running meander line
187
Excess in Irregular tracts
189
Separate surveys and successive conveyances
190
Irregular lots may take all excess or stand all deficiency
191
Replatting of original block
192
Dimensions each lot except one irregular lot declared
193
Permanent monuments must not be moved in apportioning
194
Variation between plat and fieldnotes
195
CHAPTER XII
196
Lines how marked
197
Blazing random lines unlawful
198
Impassable objects on lineWitness points
199
Establishing and marking corners 217 Monuments consist of corners and accessories
201
Pits and mounds 219 Standard township corners
202
Closing township corners
205
Corners common to four townships
207
Corner common to two townships
208
Standard section corners
209
Closing section corners 225 Corners common to four sections
211
Section corners common to two sections only 227 Section corners referring to one section only 228 Quarter section corners
212
Meander corners
214
CHAPTER XIII
215
Declaration of surveyor since deceased
217
Declaration in favor and against interest
220
New Jersey strict as to declarations 234 Declaration acts and omissions after parting with title
221
Original notes of survey 238 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 of 249 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 264 Riparian owner entitled to island in stream
262
Riparian owner has free access to navigable part of stream 266 Title by accretion may be lost
263
Regaining land lost by erosion or submergence
265
Division of accretion where shore line approximately straight 269 Division where shore line curves
267
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
272
Lake dried upRiparian entrymans rights
273
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 nonnaviga jle lake same as on streams 281 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
292
Local laws generally determine rights of accretion 288 Public or private road may modify rule 289 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
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 305 Division of cove flats
318
Rules for division of shore line
322
Irregular linesIslandsStraight lines 308 Islands 308a Straight lines
324
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
RESTORATION OF LOST OR OBLITERATED CORNERS AND SUB DIVISION OF SECTIONS Section
359
To reestablish lost corner common to four townships
360
Generally 328 Special information
361
An obliterated corner 330 Private surveyors
362
Double sets of corners
363
Method now followed
364
Limitation on errors 336 Initial surveys
365
Territory northwest of Ohio river
366
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
380
is known to restore the other 358 Where double corners were originally established and both are missingTo restore the one established when the tow...
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 372 Distinction between corner and monument
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 corner common to four townships where the lines from three directions only have been established
396
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 fieldnoted 395 Courses and distances yield to fixed monu...
408
CHAPTER XVI
410
Testimony of surveyors
419
Parol evidence to show boundaries
420
Identify monumentAmbiguous description 414 Original corners and patent inconsistent
421
Marked treesCourses and distancesParol evidence 416 General reputationDeclarationsPrivate boundaries
422
Depositions of deceased surveyor taken in other case
423
Deceased surveyors ancient plans notes etc admissible 419 Declarations of interested persons since deceased
424
CHAPTER XVII
426
Jurisdiction of islands 423 Jurisdiction of rivers on borders of state
428
Jurisdiction between states
429
Boundary and ownership
430
CHAPTER XVIII
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
442
Apportion excess on whole line 457 Center of street the boundary 458 Invalid plat 459 Adjoining property may be consulted 460 Monuments contr...
443
Government patent part of description
444
Variance in measurementPresumed in whole line 465 Extrinsic evidence to explain calls
445
No other land owned helps out 470 Can surveyor locate? 471 Inquiry based on land marks 472 Meanings of technical terms help
446
Rejecting part of description 474 General description aided by evidence aliunde 475 Acts of parties may determine tract 476 Plat governs as to descri...
447
Description by lots rejected 479 Invalid plat referred
448
Quantity supports call taken 481 Construed most strongly against grantor 482 Parties presumed to make valid deed 483 Particular words control gene...
449
Granting clause must prevail against grantor 485 Plat part of description in deed prevails
450
Along or upon a road
451
Construction of description under California statutes 488 Course and distance may be rejected as erroneous 489 Which bank of slough meant?Surrou...
453
Lines actually run and marked on the ground control 491 Call for onehalf of creek or down center of creek
454
Evidence of natural features to establish boundary line
455
East half of tract containing fifty acres
456
A fractional part of government subdivision usually meanB that fractional part of the widths of that subdivision
457
What distance to take
460
Northwest corner of lot means corner of lotNot corner of in tersection of center of street 497 To a tree on bank of river thence down river
463
Bounded by a navigable river
464
Conflict of description in deeds from same person 500 Tract bounded by river 501 Can claim actual measurement only
465
Tract bounded on a private
466
Private grant interpreted favorable to grantee
468
Meaning of words in deedTo the pond etc 505 When the construction of a deed is doubtful
469
Boundary between riparian owners a fresh water stream 507 Monuments may yield to courses and distances
470
Lowwater markMetes and boundsMonumentsCourses 509 Bayou may be navigable river
471
CHAPTER XIX
473
Section six in fractional township
476
Interior section made fractional by lake to run quarter line
477
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 of section five 519 Quarterquarter corner in fractional section 520 Quarterquarter corner west half section six 521 Qu...
487
Quarter corners other than six on north and west sides township 523 Lost quarter corner west side of section two 524 Lost interior section corners co...
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
500
bordering on correction line north 542 To establish north quarter corner of section five in a township bordering north on a correction line 543 To re...
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 550 Completed dedication irrevocableReverter 551 Certain acts do not constitute dedication 552 Reservation of minerals in dedic...
511
Estoppel of proprietor of plat 555 Words of dedication
512
CHAPTER XXI
514
Parol agreement as to boundary 558 Consent to rectify crooked boundary
515
Boundary line agreed upon conclusive 560 Trustee bound in private capacity also 561 Ignorant as to line and agreement between owners 562 Agree...
516
Party not estopped under certain circumstances 564 Agreement to employ a surveyor 565 AcquiescenceMistakeEstoppel
519
Agreements under mistake as to facts 567 Adverse possession under color of title 568 Agreement on line Indefinite and uncertain 569 Practical locati...
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 XXIII
534
Plat must be made and acknowledged by owner of lands
535
Estoppel
537
CHAPTER XXIV
539
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 601 The user
554
Alteration 603 Vacation 604 Nonuser
556
Failure to open or repair
557
Fencing In parts of highway
558
Nonuser of streets distinguished from highways
559
Elevation in highway deflecting travel
560
CHAPTER XXVI
563
Resurveys and subdivisions of lots
567
How to secure Information 615 Triangulation surveys
568
New Hampshire 617 Pennsylvania
570
General rules 619 Monuments on the ground 620 Adjoining tracts or adjoiners
571
Block surveys
572
CHAPTER XXVII
574
Base lines 629 Correction lines 630 Errors 631 Surplus or deficiency
577
Irregular quartersections 633 Monuments 634 Corners on correction lines 635 Legal subdivisions
578
Special instructions
579
Plans of surveys 638 Correction of survey 639 Resurvey on petition
580
Subdivision of sections 641 Original boundary lines controlling
581
Reestablishment of lost corners
582
Evidence 684 Owners of lots in platted lands have easements in streets
583
TownshipsSurplusDeficiency
584
Subdivision of townships
585
Connecticut
595
Double proportionate measurement
602
Maryland
613
Other states
624
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Page 529 - ... 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.
Page 42 - ... 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.
Page 41 - 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...
Page 52 - 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...
Page 54 - 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...
Page 426 - Cram; thence down the main channel of the Montreal river to the middle of Lake Superior; thence through the center of Lake Superior to the mouth of the St. Louis river: thence up the main channel of said river to the first rapids in the same, above the Indian village, according to Nicollet's map: thence due south to the main branch of the river St.
Page 41 - 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.
Page 450 - 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.
Page 28 - the boundary lines actually run and marked * * * shall be established as the proper boundary lines of the sections or subdivisions for which they were intended; and the length of such lines as returned by * * * the surveyor-general * * * shall be held and considered as the true length thereof, and the boundary lines which shall not have been actually run and marked as aforesaid shall be ascertained by running straight lines from the established corners to the opposite corresponding corners...
Page 258 - shore' Is defined to be land on the margin of the sea or a lake or river; that space of land which is alternately covered and left dry by the rising and falling of the tide; the space between high and low water marks. It Is synonymous with 'beach.

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