ALABAMA BOUNDARY LAW
Alabama Boundary Law is the essential reference book for anyone who needs to understand real property boundaries under Alabama law. Written primarily for land surveyors, this 607 page hardback (case wrap) book is also a valuable tool for real estate professionals, attorneys, and landowners. Arranged in twelve chapters, the subject matter includes the origination of real property title in the State of Alabama, how real property boundaries are established on the ground, deeds, conveyances, easements, rights-of-way, and water boundaries. Written in a similar fashion to a law school casebook, there are plenty of court opinions, excerpts from cases and citations to actual lawsuits involving boundary disputes, adverse possession, negligence actions, trespass issues and slander of title, to name a few. Cases from other jurisdictions have been included on points where Alabama’s courts have been silent. This book would interest anyone concerned with real property boundaries in Alabama.
Sponsorship for this publication was provided by the Alabama Society of Professional Land Surveyors (ASPLS). Ninety percent of the proceeds from the sale of this book go to the ASPLS general fund and ten percent go to the Alabama Land Surveyor’s Education Foundation, a not for profit 501(c)(3) scholarship fund.
THE PINCUSHION EFFECT: The Multiple Monument Dilemma in American Land Surveying
American land surveying has a dilemma; it’s called the “pincushion corner.” This is a name used to describe the phenomena of multiple boundary monuments being set by land surveyors when only one boundary corner exists under legal contemplation. Property law and the law of boundaries demand that an existing monument that has already been placed to represent a property corner be honored by all following land surveyors. In this way a land surveyor is either an original surveyor establishing boundary lines and corners for the very first time, or the land surveyor is a following surveyor whose only duty is to “follow in the footsteps” of those who went before. Nevertheless, surveyors routinely ignore this core principle and the pincushion corner is a direct result. Many surveyors do not see the pincushion corner as a problem. They see multiple monuments at a corner as just a difference of opinion. However, the pincushion corner has not gone unnoticed by the legal profession, real estate professionals and the landowning general public. It is now common knowledge in these circles that no two land surveyors can agree on the location of any given property corner. The pincushion corner is physical proof of that notion. Not only is the pincushion corner becoming a public relations disaster for the land surveying profession, it is causing those who might otherwise consider commissioning a survey of property to decide otherwise. And herein lies the dilemma; no one wants to hire the surveyor because of the way land surveying is practiced, the pincushion being emblematic of that practice. This book explores the full effect of the pincushion corner by exploring how the phenomena started and why it exists, and explores remedies to end the practices that allow the pincushion corner not only to exist, but to flourish.