From Land Development Handbook: Planning, Engineering, and Surveying, Third Edition
- Chapter 6: Real Property Law
- Chapter 7: Comprehensive Planning and Zoning
- Chapter 8: Subdivision Ordinances Site Plan Regulations, and Building Codes
RLS J. Randall Minchew,
Esq. Craig N. Thomas,
Esq. Curt Sumner,
LS Gary Kent,
LS Donald A. Wilson,
LLS, PLS, RPF
UNDERSTANDING LAW TO GUIDE IN BOUNDARY DETERMINATION
Real property law is a combination of constitutional law, common law, and statutory law. Constitutional law is the supreme legal source in a jurisdiction, which takes precedence over common law or statutory law. Common law is that group of rules and standards of action originating from customs and usages (or "use") as determined in actual cases. The common law derives its authority from judgments and decrees of courts affirming those customs and usage. Statutory law is created by acts of legislative branches of government. Legislative branches of government exist at the national, state, and local level. The surveyor should note that within the broad categories of constitutional law, common law, and statutory law, there are many specialized areas of law concerning real property.
Real property law directly affects the practice of surveying. The surveyor works within the established legal system; therefore, the surveyor must have knowledge of real property law to be able to recognize potential legal problems that might arise as a result of the surveyor's findings. Knowledge of real property law also provides a foundation to the surveyor for making decisions to resolve potential problems.
A surveyor's clients are best served when a surveyor...
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