Don Wilson presents a 3-part, interactive course covering court decisions and interpreting land descriptions.
Part 1 of this course presents four court decisions covering basic issues of surveying including defining what a survey is and dealing with overlapping descriptions. Principles of retracement, original survey, senior-junior conveyancing, apportionment and historical title analysis are discussed and illustrated.
Part 2 of this course presents five court decisions covering principles of interpretation and construction to be applied to land descriptions. The significance of original land descriptions, ambiguity, references, meanings of words and phrases, and official plats are covered. Some of the court cases included are Harvey v. Inhabitants of Sandwich, 152 N.E. 625, 256 Mass. 379 (1926), Wilson v. DeGenaro, 415 A.2d 1334 (Conn., 1979), Perry v. Buswell, 113 Me. 399 (Maine, 1915), Cragin v. Powell, 128 U.S. 691 (Louisiana, 1888) and Peacher v. Strauss, 47 Miss. 353 (1872).
Part 3 of this course deals with some of the basic rules of construction for interpreting land descriptions and resolving ambiguities therein. The intent of the parties is the primary requirement, which must be determined from the language of the description viewed in light of the surrounding circumstances at the time.
After completing this course, you will be able to: • Describe the impact of court decisions on the definition of a survey and dealing with overlapping descriptions. • Explain court decisions regarding the principles of retracement and original survey. • Several rules for description interpretation • Several rules of construction • Research requirements • Description interpretation • What is a marketable title • Intent of the parties to a document
6 hrs. Program