Preface ix
Acknowledgments xiii
1 Introduction 1Rights and Interests in Land; Transfer of Ownership 1
Means of Transferring or Obtaining Title or Rights in Land 3
2 Easements in General 8Definition: What is an Easement? 8
Easement Terminology 20
Intermittent Easements 25
3 Types of Easements 29Right of Way 29
Right of Way Line 31
4 Creation of Easements 45Express Grant 46
Reservation or Exception 49
Agreement or Covenant 51
Implication 51
Estoppel 62
Prescription 63
Eminent Domain 72
Custom 74
Vote of a Governing Body 82
5 Termination of Easements 85Expiration 85
Release 86
Merger of Title 87
Abandonment 87
Estoppel 90
Prescription or Adverse Possession 90
Destruction of the Servient Estate 91
Cessation of Necessity 92
Eminent Domain 92
Frustration of Purpose 92
Overburden 94
6 Easements and Descriptions 96General 96
Void Instruments 100
Interpretation 102
Compilation 105
7 Problem Easements 108Undescribed Easements, Blanket Easements 108
Locating an Undefined Easement 109
Hidden Easements 110
Rolling Easements 111
Shore Road Allowances in Canada 114
The New Zealand Example 115
8 The Process of Reversion 117Estate in Reversion 117
Possibility of Reverter 117
9 Reversion of Easements 122Highways 124
Flowage 124
Railroads 125
10 Reversion Relating to Highways (and to Other Types of Rights of Way) 127Discontinuance or Abandonment 128
Actual Highway Abandonment 128
Procedure 129
Presumption of Law 131
Overcoming the Presumption 135
Abandonment, Strictly Speaking 137
11 Rules of Locating and Defining Reversions 140Basic Rule 141
Curved Street 142
Street Intersection 142
Ownership at Intersection with Reversion Only at One Street 143
Curved Street Intersection 144
Lots at an Angle Point in the Road 144
Lots Adjoining a Subdivision Boundary 145
Marginal Road 146
Special Cases 146
Problem Cases 147
Documents Indefinite or Not Available 150
Summary of Procedure for Determining Reversion Rights in Vacated Highways 151
12 Easements and the Land Surveyor 153ALTA/ACSM Standards 153
Right of Way as Boundary Line 154
Retracement of Right of Way Line 154
Retractment of Original Survey of Highway 155
Easement Plans are Land Surveys 155
Liability of the Land Surveyor 156
Easements are Similar to Other Land 156
13 Easements and the Title Examiner (or Records Researcher) 157Items Outside the Period of Search 157
Items Not on the Public Record at the Court House 157
Items to Be Shown by an Accurate Survey 158
Implied Dedication and/or Acceptance 158
What Insurance Does Not Cover 158
Liability of the Title Examiner 162
14 Case Studies 164Case #1 Who Owns the Road? 164
Case #2 Who Owns the Land? 168
Case #3 How Much Research is Necessary? 170
Case #4 How Wide is the Right of Way? 173
Case #5 When Does a Road Become Not a Road? 179
Case #6: Presumption of Ownership to Centerline Overcome 182
Case #7 Right of Way Created by Estoppel 187
Case #8 The Marginal Road, a Special Case 191
Case #9 Road Constructed Outside of Layout 194
Case #10 Reversion of a Cemetery Lot 196
Case #11 Determining Title to Land Parcel When a Road is Relocated 205
Case #12 Easement by Agreement Resulting in Cessation of Necessity 214
Case #13 Road Shown on Subdivision Plat Not a Public Way 218
Case #14 Railroad as Abutter Not Receiving One-Half of Vacated Highway 225
Case #15 Overburdening an Easement Causing Its Termination 231
Case #16 Major Expansion of Development Not Causing an Overburden 238
Case #17 Proprietor's Way 242
Case #18 Easement by Custom 249
References 259
For Further Reference 260
Glossary 264
Index 281
DONALD A. WILSON is the President of Land & BoundaryConsultants, Inc., in Newfields, New Hampshire.
Easements and related incorporeal rights to land have become more critical than ever as land development brings access to the forefront of many property disputes. This book represents a comprehensive study of the complexities that may arise when dealing with roads (both public and private), railways and utility easements. The author has researched many topics not previously addressed in other texts of this genre. Basic principles are clearly laid out in the 14-chapters of the book, but this text goes beyond the basics to provide specific information on overlooked and emerging issues. Wilson's book includes discussion of easements created by a vote of a governing body, along with rolling easements and blanket easements. In addition, the tricky issues generated in subdivisions by a "common scheme" are considered. I was particularly pleased to read the section on the creation of railroad rights of way and the specific examples of language that will determine the rights conveyed. (Kristopher M. Kline, Reviewer & Author, October 2013)
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