LAND USE 101

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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
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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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Colorado
Utah
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New Mexico
Arizona
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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. 
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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.
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What are Property Rights?

1. What is Property Ownership?
2. Bundle of sticks

1. The right to occupy the property
2. The right to exclude others
3. The right to use and enjoy
4. The right to control others use
5. The right to alienate/convey

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Property Right or Not?
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Property Right or Not?
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Property Right or Not?
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Property Right or Not?
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Property Right or Not?
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Property Right or Not?
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Property Right or Not?
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What is the Surveyors 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 doesnt 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?
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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.
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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 jobs purpose. Track
down the source of the problem. Remember the
four corners.
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The Four Corners
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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.
• Dont decide the intent, but provide sufficient
  information to make determination of intent
  possible.
• Clearly state the intent in your four corners.

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The OPRO Mission Summary
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Office of theProperty Rights OmbudsmanP.O. Box
146702Salt Lake City, UT 84114801-530-6391Stat
ewide 1-877-882-4662FAX [phone]propertyrig
hts_at_utah.govpropertyrights.utah.gov