Pub. 12 2017 Issue 1

35 Issue 1 2017 / UCLS Foresights www.ucls.org • CAPITALIZATION o Why are some words capitalized and others not? Proper nouns such as an Exhibit Reference, Point of Beginning / Terminus, Cardinal Directions, Bear - ings, Book / Page, Person / Place / Document should begin with a capital letter. o Speaking of capitalization - Why would anyone feel the need to use capital letters for an entire description? The description appears to scream – LOOK AT ME! Am I the only one who feels this way? • ABBREAVIATIONS Abbreviating words may some- times cause confusion and incorrect interpretations of the description. Additionally, the use of abbreviated words might be an embarrass- ment as noted on the boundary line agreement A tactic often used by attorneys when litigating boundary dispute cases involves the extreme simplification of a bound- ary situation, whereby all of the complex issues associated with the problem are distilled down to a simple analysis of two or three lines from a single legal descrip- tion taken from one deed. This may stem from a genuine desire to avoid time-con- suming explanations to a jury made up of laypeople – or to discredit the professional knowledge of the surveyor who prepared the description. Lawyers will ask you for your defi - nition of every word that could result in ambiguity in your work. If your word(s) can be shown to be ambiguous opposing counsel may try to discredit your entire description. • WHAT ABOUT WORDS & PHRASES o Thereunto / Hereunto – Who really talks like this? o To have and to hold – Makes me think of a wedding ceremony. o Herein / Hereby / Herewith – Doesn’t in / by / and with, mean the same thing? o Of Record / Duly Recorded – Is a “duly recorded” record superior to an “of record” record? o Witnesseth - When was the last time you used witnesseth in your daily vocabulary? o Conveyed / Described – A description does not convey property o Thence Running – Brings up mental images of an Olympic torch bearer. o Adjoining / Adjacent / Contiguous / Coincident – There is a difference. Is it close enough? o In / On a line – UDOT says in a line and I tend to agree. o Parallel / Concentric – Parallel to a line and concentric with a curve o Prolongation / Continuation - a straight line is prolonged and a curve is continued. o Either Side / Each Side – Either means one side or the other o Tangent / Non Tangent – Curves are tangent unless otherwise noted o North / Due North / True North – Which is it? o Navigable / Non Navigable – Legal question o Rivers Thalweg / Centerline o Of record / recorded - Is there a difference? o Found recorded?” Could that mean it could be recorded but not found?