Definitions Flashcards
What is a “Dependent Resurvey”?
“Follow in the footsteps”
A dependent resurvey is a retracement and reestablishment of the lines of the original survey or of a prior resurvey in their true original positions according to the best available evidence of the positions of the original corners.
The monuments, section lines, and lines of legal subdivision of the dependent resurvey represent the best possible identification of the true legal boundaries of lands alienated on the basis of the plat of the original survey.
What is a “Special Survey”?
“Tracts, Lots and Parcels”
Involves areas of land that are not aliquot parts of sections but are designated as tracts.
What is a “lot”?
A lot is an irregular expanse of land with a Federal interest lying entirely within a surveyed section. Small expanses of land, when not aliquot parts of sections, are designated as lots wherever they can be identified as parts of sections.
What is a “parcel”?
A parcel is a special designation used for identification of an expanse of land, delineated by specific boundaries, often used for land registration, property management, and legal purposes.
What is a “tract”?
An expanse of land that lies in more than one section or that cannot be identified in whole as a part of a particular section.
What is an “independent resurvey”?
An independent resurvey is a retracement and reestablishment in reliance on evidence of the original survey in order to give official recognition and respect to all alienated lands within its scope, and where applicable, it also includes an establishment of new section lines, and often new township lines, independent of and without reference to the corners of the original survey.
What are “alienated lands”?
Alienated lands refers to land that has been transferred from public or government ownership to private ownership, typically through a process like sale or patent.
What is “acquiescence”?
Acquiescence refers to ome act of concurrence by the adjoining owners bearing on the practical location of their
common boundary where the definite or more accurate position of the line or lines has not or cannot be defined by
survey. Acquiescence may be the tacit consent of one owner by not interposing a formal objection to what might be
an encroachment by another, all subject to judicial review as to the legal effect.
What is “adverse possession”?
adverse possession refers to a legal process where a person who occupies land without the owner’s permission (a trespasser) can gain legal ownership of that land if their occupation meets specific criteria over a certain period, potentially impacting survey work and boundary disputes
What is a Geoid?
A geoid is best described as an equipotential face that closely approximates mean sea level. Geoids are used as the basis of orthometric elevations.
Easement
An interest in land created by Grant or agreement that confers a right upon owners to some profit, benefit, dominion, or lawful use of or over the estate of another.
Escheat
The lapsing or reverting of land to the state. In feudal law, the revision of the land to the original grant or or lord.
Estoppel
A precaution in law that prevents a person from alleging or denying a fact in consequence of his or her own previous acts.
Fee
An estate of inheritance in land.
Fee simple
An estate of inheritance in land without qualifications or restrictions as to the person who many inherit is as heirs. Also called fee absolute.
Dependent Resurvey
A retracement and reestablishment of the lines of the original survey in their true original positions according to the best available evidence of the positions of the original corners.
Deeds
Acts, action, things done. At law a (blank) is evidence in writing of an executed and delivered contract.
Covenant
A word used in deeds for the purpose of creating restrictions, imports an agreement on the part of the grantee to make, or to refrain from making, some specified use of the land conveyed.
Conveyed
All land transferred in fee title.
Color of Title
If a claim to a parcel of real property is based on some written instrument, although a defective one, the person is said to have color of title. The title appears good but in reality it is not.
Chord
The shortest distance between two points located on a given curve.
Long chord
The shortest distance between the beginning and end of curve.
Central angle/delta
The angles subtended by the arc of a portion of a circle.
Benchmark
A monument or point whose elevation is known above a given datums. (Usually mean sea level).
Bearing: Astronomic
A bearing based on north or south as determined by a star observation.
Bearing: Grid
If the Lamber or Mercator grid is meant, it is based on geodetic north as determined at the central meridian. All Grid north within the same zone are parallel with one another.
Bearing: magnetic
Bearing based on magnetic north.
Bearing: True
A bearing based on an astronomic observation. “TRUE NORTH” was determined by a magnetic north observation corrected to true north by subtracting or adding the declination.
Alluvion
Where, from natural causes land forms by imperceptible degree upon the bank of a body of water, navigable or non-navigable.
Aliquet
As applied to trusts in law, it is treated as fractionalized lands it is a fraction of a whole, 1/4 of a section.
A number that divides a larger number into parts without a remainder.
Adverse Posessuon
A method of acquisition of title by possession of a statutory period under certain conditions.
Accretion
Increase by external addition, enlargement. Where from natural causes, land forms by imperceptible degrees upon a bank of a river, stream, lake, etc.
Degree of curve
Along railroads, the degree of curve is subtended by a 100ft chord on the curve.
Along highways the degree of curve is usually, defined as the central angle subtended by a 100ft arc of the curve.
Escrow
A grant may be deposited by the gator with a third person, to be delivered on performance of a condition, and on the delivery by the depositary, it will take effect.
Fractional section
A section reduced in size due to a land grant, body of water, and so on.
Grant
Transfer of real property by deed.
High water mark
The line the water impresses on the soil by covering it for sufficient periods of time to deprive it of vegetation.
Lost Corner
A point of a survey whose location cannot be determined beyond reasonable doubt, either from traces of the original marks or acceptable evidence/testimony. Position can only be restored by reference of one or more interdependent corners.
Low water mark
The line to which the water receedes under ordinary conditions, at its lowest stage.
Metes and bounds
As commonly understood, a description of real property that is not described by reference to a lot or block shown on a map but it defined by starting at a known point and describing, in sequence, the lines forming the boundaries of the property.
Obliterated corner
One for which no visible evidence of the work of the original surveyor remains, the location of which may be shown by component evidence.
Parcel
A piece of land that can not be designated by lot number. To divide an estate.
Quitclaim deed
A deed in the nature of a release containing words of conveyance as well as release.
It conveys any interest that the maker may have in the property described with any responsibility or liability as to the title conveyed or encumberances that may exist thereon.
Retracement
The first phase in conducting a resurvey.
The office and field process conducted to find evidence of any original survey that still remains on the ground.
Includes recovering, identifying, and evaluating the remains of the original evidence. It does not include replacing lost corners.
Torrens system
A system for registration of land titles, included in South Australia.
Four Corners Rule
A legal principle in contract law that asserts that the terms of a contract can only be determined by examining the document itself.
Joint tenant
A legally-binding agreement between two or more parties through deed.
Warranty Deed
A legal document that provides assurances from the seller to the buyer regarding the propertys title.
Guarantees that the property is free from any claims, liens, or encumberances, ensuring a clear ownership transfer.
