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Informationen zum Autor BRUCE S. FLUSHMAN is a member of the firm of Washburn, Briscoe & McCarthy, PC. Klappentext A unique, practical guide to watercourse law This comprehensive guide offers complete, readable explanations of the legal issues and evidence procedures related to the location of the property boundaries of lands adjacent to watercourses. Beginning with a clear examination of the basics of land title and the legal principles defining property boundary movement, it discusses property boundary determination for a broad range of different watercourse environments-including open ocean coast, estuarine areas, tidal rivers, non-tidal rivers and navigable streams, and navigable lakes. This book will equip readers with: A basic understanding of the land title and boundary system A framework for analyzing disputes about the boundary of property adjacent to a waterbody tailored to the specifics of each type of physical regime Insight to recognize when expert consultation is required to resolve a dispute and how to make the consultation useful and productive Case studies illustrating the actual application of the laws discussed Because of its extensive information and easy-to-use format, Water Boundaries is the ideal resource for surveyors and lawyers confronted with riparian or littoral property boundary issues. Zusammenfassung A unique! practical guide to watercourse law This comprehensive guide offers complete! readable explanations of the legal issues and evidence procedures related to the location of the property boundaries of lands adjacent to watercourses. Inhaltsverzeichnis Preface xvii Acknowledgements xxvii Table of Authorities xxix 1 The Basics of Land Title 1 1.1 Introduction 1 1.2 United States' Acquisition of the Public Domain 3 1.3 Recognition of Title Granted by Prior Sovereigns 4 1.4 The Public Domain and the United States' Survey of the Public Lands 9 1.5 Authority to Dispose of Public Lands 15 1.6 Public Land Dispositions - In General 16 1.7 Swamp and Overflowed Land Grant to the States 17 1.8 State Sovereign Lands 23 1.9 Grants of State Lands 25 1.10 Limitations on State Disposal of Lands Adjacent to Tidal and Navigable Waters 26 1.11 Adverse Possession 35 1.12 Agreed Boundaries 38 1.13 Estoppel 39 1.14 Adverse Possession, Estoppel and Like Doctrines Inapplicability to Sovereign Lands or Land Held in Trust 39 1.15 Exception: When Estoppel May Be Applicable to the Sovereign 42 1.16 Chains of Title 44 2 What is the Choice-of-Law 46 2.1 Introduction 46 2.2 Interstate Political Boundary 49 2.3 Interstate Boundaries - Private Titles and Boundaries 51 2.4 Land Title and Boundary Disputes - In General 53 2.5 Land Title and Boundary Disputes When the United States Is Not a Disputing Landowner 54 2.6 Land Title and Boundary Disputes When the United States Is a Disputing Landowner 56 2.7 Later Cases 62 2.8 Effects of These Choice-of-Law Cases in Other Situations 64 3 Basic Legal Principles Defining Property Boundary Movement 68 3.1 Introduction 68 3.2 Variable Nature of Title and Boundary Disputes 70 3.3 Importance of the Location of the Property Boundary Along Tidal or Navigable Waterways 71 3.4 Ordinary High-Water Mark Property Boundary - In General 73 3.5 Purpose of the Ordinary High-Water Mark - To Separate Arable from Nonarable Lands 75 3.6 Definition of the Ordinary High-Water Mark 78 3.7 Illustration of the Components of the Dynamic Ordinary High-Water Mark 78 3.8 Surveying Techniques to Locate the Ordinary High-Water Mark - Meander Lines 81 3.9 Exceptions to Rule - When a...
