CTSI Land Surveying

01/24/2026

04/08/2025

Old locust post memorializing an old fence line. Wire has long since rusted away. But, evidence is evidence.

03/09/2025

02/24/2025

Surveying word of the day:

Riparian Rights

Riparian rights refer to the legal rights of landowners whose property is adjacent to a natural water body, such as a river, lake, or stream. These rights typically include access to and reasonable use of the water for domestic, agricultural, or commercial purposes, provided such use does not harm other riparian owners or the ecosystem.

Key aspects of riparian rights include:
1. Access and Use – Riparian owners can use the water for drinking, irrigation, or recreation.
2. Natural Flow Protection – They cannot significantly alter the water flow in a way that negatively impacts others.
3. Navigation and Fishing – Rights often include limited fishing and boating access.
4. Erosion and Accretion – Owners may gain or lose land due to natural changes in the watercourse.

Riparian rights differ from littoral rights, which apply to properties bordering large, navigable bodies of water like oceans or large lakes. These rights are also distinct from prior appropriation water rights, which are common in arid regions and grant water use based on a “first in time, first in right” principle.

02/20/2025

Surveying word of the day

Boundary line agreement: A boundary line agreement is a legal document between two or more property owners that outlines the agreed-upon boundary lines separating their properties. These agreements are often used when there is a dispute over where one property ends and another begins, or when neighbors want to clarify property lines to prevent future conflicts.

Key Points about Boundary Line Agreements:
1. Purpose:
• Clarification: It helps establish a clear understanding of the boundaries between two properties.
• Dispute Resolution: It resolves any existing disputes over property lines.
• Prevent Future Disputes: It can prevent potential conflicts by formally defining the boundary, especially in cases of encroachments or unclear property lines.
2. Content of the Agreement:
• Description of Boundaries: The agreement should clearly describe the boundary lines using landmarks, legal descriptions, or references to surveys.
• Acknowledgment: Both parties involved must acknowledge and agree to the defined boundary.
• Survey: A professional survey may be required to verify the boundary lines, ensuring accuracy.
• Legal Description: It often includes a legal description of the properties involved, which may refer to the original deeds or surveys.
3. Enforceability:
• Once signed, the agreement is a legally binding contract between the property owners.
• If the agreement is recorded with the county or local government (depending on jurisdiction), it becomes part of the public record and is enforceable by law.
4. When to Use:
• Boundary Disputes: If there’s a disagreement over where the property lines are.
• Fences or Structures: When neighbors are putting up fences or building structures that cross a disputed boundary.
• Long-Term Agreement: When both parties wish to agree on a fixed boundary, even if the actual physical markers (like fences or trees) have shifted over time.
5. Limitations:
• A boundary line agreement cannot override state or local laws or zoning regulations.
• If the agreement was based on inaccurate information or false representations, it could be challenged in court.
• Some areas may have specific requirements for recording such agreements, like a signed affidavit or notary.
6. Impact on Property:
• Title and Deed: A boundary line agreement can affect the property title and be referenced in future transactions or sales.
• Encroachments: If one party has been encroaching on another’s property, the agreement might formalize the encroachment or require one party to move structures.

How to Create a Boundary Line Agreement:
1. Consult a Surveyor: A professional surveyor can provide an accurate survey of the properties to determine the correct boundary lines.
2. Legal Advice: It’s often wise to consult with a real estate attorney to ensure the agreement is properly written and legally enforceable.
3. Formalize and Record: After both parties sign the agreement, the document may need to be recorded with the local property records office to be enforceable against future buyers.

A well-drafted boundary line agreement can provide peace of mind and avoid future conflicts between neighbors regarding property boundaries. Would you like to know more about how to create one, or what steps to take if you’re involved in a boundary dispute?

02/19/2025

Surveying word of the day

Encroachment: Encroachment occurs when a person or structure unlawfully extends onto another’s property, violating legal boundaries. This can involve fences, buildings, driveways, or other improvements that cross property lines without permission. Encroachments can lead to disputes, legal action, or require resolution through agreements, easements, or removal of the offending structure.

02/17/2025

Surveying word of the day:

A quitclaim deed and a warranty deed are both legal documents used to transfer ownership of real property, but they differ significantly in the level of protection they offer to the buyer (grantee).

Quitclaim Deed:
• Nature of Transfer: The grantor transfers whatever interest (if any) they have in the property to the grantee, without making any guarantees or warranties about the title.
• Title Protection: There is no assurance that the grantor actually owns the property or that there are no legal issues (like liens or encumbrances) attached to the title.
• Common Uses: Quitclaim deeds are often used in situations where the parties are familiar with each other, such as family transfers, divorce settlements, or correcting title issues (e.g., adding or removing a name from the title).
• Risk to Buyer: The grantee assumes all risk, as the deed offers no protection against claims on the property.

Warranty Deed:
• Nature of Transfer: The grantor guarantees that they have clear ownership of the property and have the legal right to transfer it. They also guarantee that the property is free from any undisclosed encumbrances or title issues.
• Title Protection: The grantor provides a warranty of title, meaning they promise to defend the title against any future claims from third parties and will compensate the grantee if any title issues arise.
• Common Uses: Warranty deeds are typically used in most traditional real estate transactions, where the buyer wants assurance that the property title is clear and free of any legal claims.
• Risk to Buyer: The buyer has more protection with a warranty deed, as the grantor is legally obligated to resolve any issues with the property’s title or compensate the buyer if there are problems.

In essence, a quitclaim deed offers no protection to the buyer, while a warranty deed provides full protection regarding the title. The choice between the two depends on the level of trust and the nature of the transaction.