The Four Corners Property Rights Surveying Disclaimer I

The Four Corners: Property Rights & Surveying Disclaimer: I am not your attorney and this is not legal advice. If your attorney disagrees with any of the information herein, listen to your attorney. Brent N. Bateman Office of the Property Rights Ombudsman

The Four Corners: Property Rights and Surveying • What are Property Rights? • How can surveyors help screw up property rights? • How can surveyors help fix property rights? • How can the Ombudsman Office help?

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What are Property Rights? Laws created by governments in regards to how individuals can control, benefit from and transfer property. Economic theory contends that government enforcement of strong property rights is a determinant regarding the level of economic success seen in the area. Individuals will create new forms of property to generate wealth, only when they are assured that their rights to their property will protect them against unjust and/or unlawful actions by other parties.

What are Property Rights? Fifth Amendment to the U. S. Constitution: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Utah Constitution, Sec. 22. Private property shall not be taken or damaged for public use without just compensation.

What are Property Rights? 1. What is Property Ownership? 2. Bundle of sticks: a. b. c. d. e. The right to occupy the property The right to exclude others The right to use and enjoy The right to control other’s use The right to alienate/convey

Property Right or Not?

Property Right or Not?

Property Right or Not?

Property Right or Not?

Property Right or Not?

Property Right or Not?

Property Right or Not?

What is the Surveyor’s Role in Property Rights? • Do surveyors measure and draw, or do they determine where boundaries are? • Does possession or time matter, or just paper? • What if the description does not match what is on the ground? • What if there is a much larger problem, i. e. incorrect section lines or monuments? • What if the deed next door doesn’t match? • What if there is a rogue easement? • What if the owner tells you something entirely different from what you see? • What about the dreaded no-mans-land?

How Can Surveyors Help Screw Up Property Rights? • Not knowing property rights law. • Ignoring discrepancies. • Making no attempt to reconcile discrepancies. • Making too much attempt to reconcile discrepancies. • Working only from paper (or only from planet). • Creating problems where none exist. Errors. • Made as instructed. • Trespassing or otherwise being a jerk.

How Can Surveyors Help Fix Property Rights? • Provide sufficient information to let the decision makers do their job. • Use your best judgment. • Know property rights law and follow it. • Remember that the neighbor has property rights too. • Know the job’s purpose. • Track down the source of the problem. • Remember the four corners.

The Four Corners

The Four Corners - Intent of the parties, not words, will determine where boundaries are. - Intent is first found in the four corners of the document. - Only if ambiguous, go outside the document to determine intent. - Don’t decide the intent, but provide sufficient information to make determination of intent possible. - Clearly state the intent in your four corners.

The OPRO Mission Summary:

Office of the Property Rights Ombudsman P. O. Box 146702 Salt Lake City, UT 84114 801 -530 -6391 Statewide: 1 -877 -882 -4662 FAX 801 -530 -6338 propertyrights@utah. gov propertyrights. utah. gov