All posts by Jeff Lucas
Testifying as an Expert
Legal Boundaries A boundary dispute case, or any case involving surveying, surveyors, landowners, and property rights (“property disputes”) is a different breed of civil litigation from most others. There are many unique aspects of this type of litigation not common to other cases. The biggest difference is that the parties are paying for the litigation...
Unwritten Rights
Legal Boundaries Misnomer or Misconception A misnomer is “a wrong name or inappropriate designation,” the “use of a wrong or inappropriate name.” (Webster’s) Otherwise stated, “a misnomer is a particular kind of mistake in labeling.” (Google) A misconception, on the other hand, is a “wrong or inaccurate idea or conception.” (Webster’s) Another way of phrasing...
Boundary by Acquiescence
Legal Boundaries This time around we have a question from a Georgia reader about the doctrine of acquiescence and applying it to an existing fence that does not match the deeded measurements. Question: In the case of a line of acquiescence with an existing fence that has a history, would I...
Legal Boundaries: Deed Interpretation
Last time around we discussed the Rules of Construction, court-made rules for the interpretation of written documents when they are confusing, uncertain, ambiguous, or in conflict. Piggybacking that discussion, this time around we will talk about some basic deed interpretation, which often requires application of the rules of construction. The three primary forms of deeds...
Rules of Construction
Legal Boundaries What are the Rules of Construction, and why do we need to know about them? The Rules of Construction are court-made rules that have been developed over the centuries for the interpretation of legal documents. The courts use them when the interpretation of a document is confusing, uncertain, ambiguous, or in conflict. The...
Legal Boundaries: Monuments and Corners
Is there a difference between a monument and a corner? Many surveyors use these two terms interchangeably as if they were synonymous. Technically speaking they are not the same, but in many instances a monument will be the physical manifestation of the true corner location. This is the ultimate surveying question, is that monument actually...
