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DONALD A. WILSON is the President of Land & Boundary Consultants, Inc., in Newfields, New Hampshire.
Table of Contents
RIGHTS & INTERESTS in LAND; TRANSFER of OWNERSHIP
Means of Transferring or Obtaining Title or Rights in Land10
Chapter 2: Easements in General
Definition: What is an Easement?
Chapter 3: TYPES OF EASEMENTS
RIGHT OF WAY
RIGHT OF WAY LINE
Chapter 4: CREATION OF EASEMENTS
RESERVATION OR EXCEPTION
AGREEMENT OR COVENANT
VOTE OF A GOVERNING BODY
EXTENT AND SCOPE OF EASEMENTS
Chapter 5: TERMINATION OF EASEMENTS
MERGER OF TITLE
PRESCRIPTION OR ADVERSE POSSESSION
DESTRUCTION OF THE SERVIENT ESTATE
CESSATION OF NECESSITY
FRUSTRATION OF PURPOSE
Chapter 6: EASEMENTS AND DESCRIPTIONS
Chapter 7: PROBLEM EASEMENTS
UNDESCRIBED EASEMENTS; BLANKET EASEMENTS
LOCATING AN UNDEFINED EASEMENT
SHORE ROAD ALLOWANCES IN CANADA.347
THE NEW ZEALAND EXAMPLE
Chapter 8: THE PROCESS OF REVERSION
ESTATE IN REVERSION
POSSIBILITY OF REVERTER
Chapter 9: REVERSION OF EASEMENTS
Chapter 10: REVERSION RELATING TO HIGHWAYS (& TO OTHER TYPES OF RIGHTS OF WAY)
DISCONTINUANCE OR ABANDONMENT
ACTUAL HIGHWAY ABANDONMENT
PRESUMPTION OF LAW
OVERCOMING THE PRESUMPTION
ABANDONMENT, strictly speaking
Chapter 11: RULES FOR LOCATING AND DEFINING REVERSIONS
OWNERSHIP AT INTERSECTION WITH REVERSION ONLY AT ONE STREET
CURVED STREET INTERSECTION
LOTS AT AN ANGLE POINT IN ROAD
LOTS ADJOINING A SUBDIVISION BOUNDARY
DOCUMENTS INDEFINITE OR NOT AVAILABLE
SUMMARY OF PROCEDURE FOR DETERMINING REVERSION RIGHTS IN VACATED HIGHWAYS
Chapter 12: EASEMENTS AND THE LAND SURVEYOR
RIGHT OF WAY AS BOUNDARY LINE
RETRACEMENT OF RIGHT OF WAY LINE
RETRACMENT OF ORIGINAL SURVEY OF HIGHWAY
EASEMENT PLANS ARE LAND SURVEYS
LIABILITY OF THE LAND SURVEYOR
EASEMENTS ARE SIMILAR TO OTHER LAND
CHAPTER 13: EASEMENTS AND THE TITLE EXAMINER (or records researcher)
Items outside the period of search
Items not on the public record at the court house
Items to be shown by an accurate survey
Implied dedication and/or acceptance
What insurance does not cover
LIABILITY OF THE TITLE EXAMINER.
CHAPTER 14 CASE STUDIES
Case # 1 Who owns the road?
Case # 2 Who owns the land?
Case # 3 How much research is necessary?
Case # 4 How wide is the right of way?
Case # 5 When does a road become not a road?
Case # 6: Presumption of Ownership to Centerline Overcome
Case # 7 Right of way created by estoppel
Case # 8 The marginal road, a special case
Case # 9 Road constructed outside of layout
Case #10 Reversion of a cemetery lot
Case # 11 Determining Title to Land Parcel when road is relocated
Case # 12 Easement by Agreement resulting in Cessation of Necessity
Case # 13 Road Shown on Subdivision Plat not a Public Way
Case # 14 Railroad as abutter not receiving one-half of vacated highway
Case # 15 Overburdening an Easement Causing its Termination
Case # 16 Major Expansion of Development Not Causing an Overburden
Case # 17 Proprietor’s Way
Case # 18 Easement by Custom
FOR FURTHER REFERENCE