Donald A. Wilson
February 21, 2017
by CRC Press
Reference - 474 Pages - 47 B/W Illustrations
ISBN 9781498727105 - CAT# K25862
February 17, 2017
by CRC Press
Reference - 474 Pages - 47 B/W Illustrations
ISBN 9781315160481 - CAT# KE42070
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The survey and the transference are the distinctive and operative acts in the transmission of real property and, where they differ from each other, one must of necessity control the other. This book addresses the aforementioned concepts by external explanations in order to understand the discrepancies between them. It also helps to avoid expensive and wasteful litigation over boundaries that were previously not in conflict. The text offers an extensive review of the law for boundary retracement and cites numerous case examples.
Principles of Retracement
Conditions for the Rule to Apply
When There Is Ambiguity?
The Void Instrument
Corners, Lines, and Surveys.
Types of Corners and Their Definitions
Types of Lines
Types of Surveys
Other Categories of Survey
What If There Are No Actual "Footsteps?"
Early Curt Decision
Not limited to Public Land Survey States
Early Guidance in Textbook
Protraction outside the PLSS
What to Do about Protracted Lines
Types of Protractions
Lines from Other Surveys
The Unmarked Line
Protraction in the PLSS
Which Set of Footsteps Is Which?
Wrong Set of Footsteps
Who Left the Footsteps?
Learning from Field Notes
Admissibility of Field Notes
Discrepancy between Field Notes and Plat
Principles Concerning Field Notes
Misleading Evidence in Field Notes
Ambiguity in the Field Notes
Figures, Numbers, and Symbols.
Types of Survey
Problems with Directions
By the Needle
Definition of Course
Type of Compass Used
Impact on Successful Corner Location
Directions Given in Reverse Order
Problems with Distances
Actual Survey versus Paper Survey
Problems with Mathematics
Land Surveying as an Art
Errors in Measurements
Errors of Closure
Lower Precision Surveys
Measure of Precision
Errors in the Collection of Data
Errors in Reporting Data
Words from the Courts
Summary of the View by the Courts on the Subject of Surveys and Their Errors
The Early Surveys in Hawaii
Course and Distance in Perspective
Recognizing What Was Left Behind.
Wooden Stakes and Their Remains
Stake and Stones
Pits and Mounds
Bearing Trees and Bearing Objects
Mounds of Stone
Accessories to Special-Purpose Monuments
Statute Law in New Hampshire
Establishment of Boundary by Acquiescence
Effect of Statute of Frauds
Necessity for Uncertainty or Dispute as to Location of Boundary Agreement upon a Definite Line
Practical Location of Boundary
Statute of Frauds
Not Meeting the Basic Requirement
Recognition and Acquiescence
Government Procedure, Manual of Surveying Instructions.
The Ideal Line.
The Lost Corner.
What If the Corner Is Truly Gone?
Parol Evidence and Reputation
Newly Discovered Evidence
Not Getting It Right Only Invites Future Problems.
Nonfederal Rectangular Surveys.
Beginnings in the New World
Division by Half
Division by Area
Idiosyncrasies within the System
Kentucky: The Jackson Purchase
Tennessee Surveyors Districts
The French System of Longlots
Longlots in Other Areas
Lottings in Georgia
Resolving Overlapping Grants.
Seniority of Title
The Value of Historical Knowledge and Research
The Value of a Complete and Thorough Investigation
What Forensic Science Can Do Outside of the Criminal Environment
Appendix 1: List of Significant Cases on Following Footsteps, by State
Appendix 2: Lost Corners, by State
Table of Authorities
"Mr. Wilson has done an excellent job of explaining the complexities and challenges associated with land boundaries and the related art and science of land surveying. His thoughtful inclusion of pertinent case law follows a logical pattern and his ability to extract key points, is a talent and a lost art. This book should be mandatory reading for all surveyors and anyone dependent on land surveyors such as attorneys, engineers, title authorities, governmental agencies, and state testing authorities."
— Michael Pallamary, The American Surveyor Magazine, Frederick, Maryland, USA
"Don Wilson is one of the most respected professional surveyors in the United States. His well-researched book Boundary Retracement: Processes and Procedures is a valuable contribution to the knowledge base of boundary retracement and a tremendous new resource for the surveying profession."
— Gary R. Kent, The Schneider Corporation, Indianapolis, Indiana, USA
"Mr. Wilson’s latest work will be a major new resource for land use professionals. The age-old concept of ‘original footsteps’ is linked to detailed analysis of the many methods by which they may be established. Original survey procedures and principles are considered along with best practices for retracement. This volume also includes in-depth discussion of the various elements found in property descriptions or on survey maps. Mr. Wilson includes strategies for evaluating written title documents, and legitimate methods of resolving overlaps or inconsistencies in the written record."
— Kristopher M. Kline, 2Point, Inc., Alexander, North Carolina, USA
"Don Wilson, in his customary manner, has tackled a fundamental tenant of our land surveying profession with keen understanding and exemplary explanation. Beginning surveyors, experienced surveyors, attorneys and title experts will be enlightened and further educated as they read and ponder the advice, and case law supported examples, presented in this latest writing by Don. This textbook is a welcome addition to our land surveying library of references and a must have for all land surveyors."
—John "Steve" Parrish, PLS, CFedS, Sparks, Nevada, USA