What are the objective indicators by which legal ownership of land is established? Does
subjective expectation, hope, belief, or claim mean anything? How does subjective view get
manifested on the ground? Why is this important to a professional surveyor? How is this
evidence collected or recorded by a professional surveyor?
Objective indicators that establish legal ownership of land generally include various legal documents such as deeds, titles, and surveys. These documents serve as evidence of ownership and are typically recorded in the public land records.
Subjective expectations, hopes, beliefs, or claims may not hold legal weight in establishing ownership unless they are backed by objective evidence. Subjective views on land ownership can manifest on the ground through activities such as fencing the property, constructing buildings, or displaying signs indicating ownership. However, these subjective manifestations alone do not establish legal ownership.
It is important for a professional surveyor to understand subjective views on land ownership because they can affect boundary disputes and impact the surveying process. Subjective claims or beliefs held by landowners may result in conflicts with neighboring landowners, leading to legal disputes that require resolution.
A professional surveyor collects and records evidence related to subjective views through various means. When performing a survey, the surveyor may interview landowners to gather information about their beliefs and claims regarding the property boundaries. The surveyor may also research historical records, such as previous surveys, to understand any past subjective views or claims. Additionally, the surveyor may document physical evidence on the ground, such as fences or markers, that indicate a landowner's subjective view of the boundaries.
Ultimately, a professional surveyor's role is to provide an objective assessment of the property boundaries based on legal documents, physical evidence, and applicable surveying principles. While subjective views may be considered during the surveying process, the final determination of ownership is based on objective indicators that establish legal rights to the land.
Legal ownership of land is established through objective indicators, which include:
1. Deed or Title: A deed or title is a legal document that proves ownership of the land. It outlines the boundaries and description of the property and should be recorded in the official land records.
2. Land Registry: The land registry is an official government office that maintains public records of land ownership. It provides a central repository of information regarding ownership, boundaries, and any recorded encumbrances or liens on the property.
3. Surveys and Boundaries: A professional surveyor plays a crucial role in establishing the boundaries of a property. Through a survey, measurements are taken to accurately determine the physical extent and boundaries of the land.
Subjective expectation, hope, belief, or claim do not have legal significance in establishing ownership. While an individual may have a subjective view of their ownership, it does not hold legal weight unless supported by objective evidence.
Subjective views can be manifested on the ground through physical improvements or use of the land. For example, if someone builds a fence or structure on a piece of land and openly and continuously uses and maintains the property, it may be seen as evidence of their subjective belief in owning the land.
This is important to a professional surveyor because they need to consider both objective evidence (deeds, titles, surveys) and subjective evidence (physical improvements, use) in order to accurately determine land boundaries. By understanding these factors, a surveyor can ensure that their survey accurately reflects the legal rights and ownership of the land.
The evidence collected or recorded by a professional surveyor may include documentation such as deeds, titles, and land records. Additionally, they may gather evidence through physical measurements, field notes, photographs, and recorded testimonies from relevant parties. This evidence is then compiled into a survey report or map that reflects the legal boundaries and ownership of the property.