RS parcel in a legal description

[David Kendall]

Proposed easements are proposed property lines.

I do not agree with this statement. My understanding is that an easement is a nonpossessory right to use property which you don’t own for a specific purpose. An easement line is not a line of ownership.

Please explain your reasoning.

Would you say the same thing about a revocable license?

[CBarrett]

Proposed easements are proposed property lines.

I do not agree with this statement. My understanding is that an easement is a nonpossessory right to use property which you don’t own for a specific purpose. An easement line is not a line of ownership.

Please explain your reasoning.

Would you say the same thing about a revocable license?

Both of these statements seem overly general, to a point of vagueness which can then be interpreted many different ways.

[CBarrett]

For giggles and pondering, I asked Chat GPT a few questions about this:

Connie Barrett: are easement lines property lines?
No, easement lines are not property lines. Property lines, also known as boundary lines, define the legal boundaries of a property and are typically established through a survey. Easement lines, on the other hand, are lines that indicate the location of an easement on a property. An easement is a right granted to someone to use a portion of a property for a specific purpose, such as for access to a public road or for utility lines. Easements can be granted by the property owner to another person or entity, and the location of the easement is usually marked by easement lines. However, the property lines and the easement lines may intersect or overlap in some cases.

Connie Barrett:what is the bundle of rights with respect to land ownership?
The bundle of rights is a concept in property law that refers to the various rights that come with owning a piece of land. The bundle of rights includes:
Right of possession: The right to occupy and use the land.
Right of control: The right to determine how the land will be used, subject to applicable laws and regulations.
Right of exclusion: The right to keep others off the land, subject to applicable laws and regulations.
Right of enjoyment: The right to use the land in any legal way, subject to applicable laws and regulations.
Right of disposition: The right to sell, transfer, or otherwise dispose of the land, subject to applicable laws and regulations.
These rights are not absolute, as they may be limited by government regulation or private agreements such as easements or covenants. The bundle of rights concept helps to define the scope of ownership and the legal rights and responsibilities that come with owning real property.


Connie Barrett:what is black's law dictionary definition of a property boundary?
Black's Law Dictionary defines a property boundary as "the line or lines between two adjoining properties that separate them and indicate the extent of each property owner's rights and interests." This definition highlights the importance of property boundaries in defining the legal boundaries of a piece of land and the respective rights of the adjoining property owners. A property boundary is typically established through a survey and recorded in a property deed or other legal documents. The accurate identification and maintenance of property boundaries is crucial for avoiding boundary disputes and ensuring clear title to the property.

Connie Barrett: is easement line a property line?
No, an easement line is not necessarily a property line. Property lines, also known as boundary lines, define the legal boundaries of a property and are typically established through a survey. Easement lines, on the other hand, indicate the location of an easement on a property. An easement is a right granted to someone to use a portion of a property for a specific purpose, such as for access to a public road or for utility lines. Easements can be granted by the property owner to another person or entity, and the location of the easement is usually marked by easement lines. However, easement lines may or may not coincide with the property boundary lines. If an easement is granted over a portion of a property, the property owner still retains ownership of the land subject to the easement, but the easement holder has the right to use that portion of the property for the specified purpose.

Connie Barrett: can an easement ripen into a fee title?
No, an easement cannot ripen into a fee title. Fee title refers to full ownership of a piece of property, while an easement is a limited right to use a portion of the property for a specific purpose. Easements are typically granted by the property owner to another person or entity, and the owner retains ownership of the land subject to the easement.

While it is possible for a person to acquire ownership of a property through adverse possession, which is a legal doctrine that allows a person to gain title to a property by occupying it for a certain period of time without the owner's permission, this is a separate concept from easements. Adverse possession requires the person to actually occupy the property and meet other specific legal requirements, which are different from those of easements. Therefore, an easement cannot ripen into a fee title.

Connie Barrett: are easement monumented in the field?
Easements may be monumented in the field, but it depends on the specific circumstances and requirements of the easement. Monumentation refers to the process of physically marking the location of a property boundary or other survey point on the ground using permanent markers such as iron pins, concrete monuments, or other durable markers.

In some cases, an easement may be required by law to be monumented in the field, especially if it is a public easement that provides access to a public road or utility. In other cases, monumentation may not be required, but it can be a useful way to clearly mark the location of the easement and help avoid disputes. The terms of the easement agreement or other legal documents related to the easement should specify whether monumentation is required and what type of markers should be used.

If monumentation is required for an easement, a licensed land surveyor would typically be responsible for conducting the survey and placing the markers on the ground. The survey and monumentation would then be recorded with the relevant authorities to ensure that the easement is properly documented and legally enforceable.

Connie Barrett: in california, can a future easement be placed on a record of survey as an auxiliary reference line?
Yes, in California, a future easement can be placed on a record of survey as an auxiliary reference line. Section 8762 of the California Business and Professions Code allows for the inclusion of "auxiliary reference lines" on a record of survey. These lines are used to provide additional information about the surveyed property, including the location of existing or future easements.

The California Board for Professional Engineers, Land Surveyors, and Geologists has issued guidelines for the use of auxiliary reference lines on surveys, which specify that future easements should be shown using dashed lines with a notation indicating the type of easement and the responsible party for creating it. The guidelines also specify that the easement should be shown with sufficient detail to allow for accurate location and identification in the field.

It is important to note that the inclusion of a future easement on a record of survey does not create the easement itself. The easement must be created through a separate legal process, such as a written agreement between the property owner and the party seeking the easement. However, the inclusion of a future easement on a record of survey can provide important information to property owners and potential buyers about the potential use of the property and any restrictions on its use.

Connie Barrett: would this create a cloud on title?
The inclusion of a future easement on a record of survey as an auxiliary reference line would not create a cloud on title by itself. A cloud on title is a defect or potential claim against the ownership of a property that casts doubt on the title's validity.

Including a future easement as an auxiliary reference line on a survey simply provides information about a potential future use of the property. It does not create an actual easement or encumbrance on the property title, and it does not affect the current ownership or use of the property.

However, if a future easement is later established through a legal process and conflicts with the current use of the property, it could potentially create a cloud on title. In such a case, the property owner would need to address the easement issue and resolve any conflicts or disputes in order to clear the title.

Connie Barrett: would placing this line on a record of survey create an encumbrance?
Placing a future easement line on a record of survey as an auxiliary reference line would not create an encumbrance on the property by itself. An encumbrance is a claim or liability against a property, such as a mortgage, lien, or easement, that may affect the owner's ability to transfer or use the property.

Including a future easement line as an auxiliary reference line on a survey does not create an actual easement or encumbrance on the property title, but rather provides information about a potential future use of the property. If a future easement is established through a legal process, then it would create an encumbrance on the property title, as the owner's right to use the affected portion of the property would be restricted.

However, the inclusion of a future easement line on a survey can alert potential buyers or property owners of the possibility of future easements or restrictions on the property, which can be helpful in making informed decisions about the property. It is important to note that any actual easements or encumbrances affecting the property would need to be disclosed in the title report and any other relevant legal documents, as they could affect the property's value and use.