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CRC Press
195 pages | 22 B/W Illus.
Land is important to all aspects of human life and has a key role in the economic well-being of society therefore, land tenure, land ownership, and real property law is a critical part of any developed nation. Together, the processes of how land parcels are held; how they are defined, measured, and described to allow economic transactions; how they are marked to allow their use and defense; and how they are legally protected have allowed for the orderly possession and use of land. In doing so, these processes have also provided the basis for the advanced economy of most developed nations. Very often, these processes—land tenure, boundary surveying, and cadastral systems—are considered separately. They are very much interrelated, and none of these processes may be completely understood without an understanding of the others.
Land Tenure, Boundary Surveys, and Cadastral Systems provides an introduction to land tenure, cadastral systems, and boundary surveying, including an understanding of the interrelationship of these areas and their role in land tenure and real property law. This is especially true considering the advent of georeferenced cadastral maps reflecting the location of land parcels relative to many other components of the physical and legal infrastructure. Although intended as a basic text for college-level surveying courses, this book should also be of significant value to cadastral mappers, real property attorneys, land title professionals, and others involved with land transactions.
"The book is an important contribution to the many professions that use, manage or regulate land, and it reminds us that we each may be quite good at our very small part, but that we should occasionally stop to take in and appreciate the grander views to understand what we are all working towards."
—Brian Nelson Burford, Licensed Land Surveyor in New Hampshire and
New Hampshire State Archivist, USA
"Wilson and Cole provide valuable insight into aspects of property rights that have received scant attention from previous surveying texts. The segment covering private restrictions, regulation and zoning was particularly relevant."
—Kristopher M. Kline, 2Point, Incorporated, Alexander, North Carolina, USA
"… a useful study guide for surveying interns and reference tool for licensed professionals."
—Wendy Lathrop, Cadastral Consulting, LLC, Bala Cynwyd, Pennsylvania, USA
"Don Wilson and George Cole are two of the most respected professional surveyors in New England and across the United States. Their new book Land Tenure, Boundary Surveys and Cadastral Systems is a tremendous addition to the limited list of dependable, well-researched resources available to surveyors and others who need to understand land tenure and surveying basics in order to more effectively perform their work."
—Gary R. Kent, The Schneider Corporation, Indianapolis, Indiana, USA
"The authors bring an impressive 100 years of combined personal experience to bear on a topic that remains central to our understanding of the U.S. property system and how it has evolved over time. The book will be of interest to professionals, scholars and teachers whose work focuses on the spatial and legal aspects of property systems. I know that students will appreciate the succinctness of this book - many other books on land tenure and cadastral systems are well over 500 pages long!"
— Grenville Barnes, University of Florida, USA
"Land Tenure, Boundary Surveys, and Cadastral Systems by Donald A. Wilson and George M. Cole fills a serious abyss in the subject of land surveying. A review of the work’s contents definitely does not relegate the volume solely to an academic environment, but is a needed reference for surveyors, title researchers, and the legal profession."
—Herbert W. Stoughton, Private consulting geodetic engineer, Cheyenne, Wyoming, USA
"…a good primary text for land information courses or land survey overview courses. It would also be useful as a secondary text for land survey courses."
—Surveying and Land Information Sciences, May 2017
Introduction
Land Tenure
Territoriality
Land Tenure and its Development
Modes of Interest and Tenure in Land
Conveyance of Interests in Land
Transfer of Interests in Land without Agreement of Owner
Land Tenure in Contemporary Society
Legal Restrictions on Land Ownership and Use
Restriction of Public Nuisances
Land Use Zoning
Subdivision Regulations
Private Deed Restrictions
Land Development and Use Regulations
Compensation for Land Use Restrictions
Land Tenure in the United States
Origins of U.S. Land Law
English Common Law
Roman Law
Spanish Law
French Law
Russian Law
Dutch Law
Aboriginal Law
Tribal Law
Origins of Land Tenure in the Original Colonies
Origins of Land Tenure in Public Domain Lands
Subdivision of Land in the United States
Subdivision of Original Grants in the United States
Informal (Private) Subdivisions
Formal (Recorded) Subdivisions
U.S. Public Land Survey
Development of the U.S. Public Land Survey
The Subdivision Process
Measurement Standards
Monumentation
Field Notes and Plats
Other Rectangular Cadastral Systems in the United States
The 13 Original Colonies
Florida
Hawaii
Louisiana
Texas
Significance of Original Cadastral Surveys
Land Descriptions
Types of Boundaries
Purposes of Descriptions
Types of Descriptions
Writing Descriptions
Description Plats
Land Boundary Surveying
History of Boundary Surveying
Land Boundary Delineation
General Procedures
Evaluation of Evidence in Retracement Surveys
Retracement of Public Land Surveys
Water Boundary Delineation
Origin and Evolution of Water Boundary Law
Boundaries of Tidal Public Trust Waters
Boundaries of Non-Tidal Public Trust Waters
Boundaries Related to Non-Public Trust Waters
Interpretation of Land Descriptions
Cadastral Systems
Definitions
History of Cadastral Systems
Juridical Cadastres
Land Registration Systems
Land Records Recordation Systems
Fiscal Cadastres
The Evolving Cadastral System in the United States
Integration of Digital Indices and Geographic Information Systems
Improved Public Access
Future Directions
Impact on the Role of Land Surveying
