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BOOK REVIEWS
Nov 1, 2006

Review of Interpreting Land Records, by Donald A. Wilson: John Wiley & Sons Inc., Hoboken, N.J.; 2006; ISBN: 0-471-71543-3; 430 pp. Price: $90.00.

Based on: Interpreting Land Records, John Wiley & Sons Inc., 0-471-71543-3, $90.00
Publication: Journal of Surveying Engineering
Volume 132, Issue 4
This book is a new title by a highly respected coauthor and seminar presenter well known to the boundary surveying community.
The book includes:
1.
Information on records research;
2.
Information on surveying methods used in the United States over the past several hundred years;
3.
Guidance for confirming a land record with physical evidence on-site;
4.
Advice on using historic maps, photographs, and written documents in establishing a boundary for which official records are lost or corrupted; and
5.
Definitions for historical words and phrases.
Chapter 1 (three pages) is aptly titled “Introduction to Land Records.” Chapter 2 (46 pages) is titled “Geometry of the Description” and attempts to serve as an inclusive source on the subject. While significant portions of this chapter are covered in other publications, the author does include hard to find information related to the subject. Chapter 3 (51 pages) is titled “Records Research: Title Search or Deed Search” and, from a surveyor’s view point, furnishes exhaustive coverage of both subjects. Whether Mr. Wilson can convince the reader that the two areas of research are of equal importance has yet to be determined.
Chapter 4 (37 pages) is titled “Rules of Construction” and covers this complex subject as well, and possibly better, than other respected authors. Many of the “rules” are rudimentary, with helpful explanations and copious footnotes. To Mr. Wilson’s credit, he has also added numerous “more advanced” concepts. Unfortunately, there are a few rules/concepts that maybe should have been excluded. As an example, the Habendum Clause at p. 111 includes a sentence containing 200-plus words followed by an even longer sentence. Also, occasionally, words are used in an unusual context. As an example, “lot” and “lots” are sometimes used to indicate sequentially created parcels rather than simultaneously created parcels. Chapter 5 (22 pages) is titled “Relative Importance of Conflicting Elements.” The first footnote in the chapter is misleading as one could infer that Courts have been at odds on the issue; this is simply not true because the Courts within a jurisdiction have been very consistent. Also, it is unclear what is attempting to be conveyed by the table shown on page 158. Chapter Six (16 pages) is entitled “Exceptions and Reservations.”
Chapter 7 (nine pages) is titled “Words and Phrases.” Possibly, some common errors should have been stated with the hopes that readers would take their authorship of documents more seriously. For instance, how many times have you seen the expression “ten foot on either side” (ten foot in width) when “ten foot on each side” ( 20foot in width) was clearly intended? Chapter 8 (73 pages) is titled “Use of Extrinsic Evidence.” Many excellent examples of the principles announced therein are included. Unfortunately, the word count of numerous sentences makes for a difficult read. Chapter 9 (33 pages) is titled “Maps, Plats, Plans, and Charts.”
Chapter 10 (22 pages) is titled “Pictures” and includes useful information not found in other texts. Chapter 11 (18 pages) is titled “Document Examination.” Appendix 1 (74 pages) is titled “Definitions of Words and Phrases” and includes numerous legal citations wherein the meaning of the actual word/phrase has been litigated. Appendix 2 (four pages) is titled “Definitions of Ancient Land Terms.”
I like this book and recommend it to all surveyors. Mr. Wilson has taken a vast and difficult subject and attempted to make it easier for the surveyor to read and understand. Whether the reader benefits from it will depend on whether the reader can reconcile what, at first blush, appear to be numerous inconsistencies within the field of boundary surveying. For instance, the book’s lead paragraph states “…The antiquated doctrine that a document must be construed solely within its four corners, no matter how puzzling the problem, is no longer the law of this state” citing The People of the State of New York v. Call. However, on page 107, the following is stated, “Four Corners of the Instrument . . . . It is the grantor’s intention, as expressed in the deed, not as shown by extrinsic evidence, that governs in determining the title conveyed to the grantee.”
The text includes reference to numerous legal cases making the text an important resource for most readers. Unfortunately, there is no table of cases making it more difficult for the reader to easily identify a case or cases that might be of immediate interest in their own jurisdiction. Also, a listing of abbreviations would be helpful. Some footnotes do not reference indexed documents, and some citations appear sans reference to the Court’s jurisdiction.
Some reference statements appear to have been copied verbatim from headnotes rather than from the Justice’s actual opinion, and other reference statements appear to have been copied verbatim from proprietary headnotes, which, if true, may be in violation of copyright laws. Importantly, if the previous statement is untrue, a copyeditor should have corrected the grammar. Finally, some citations appear to reference dictum as opposed to judicial opinion.
In summary, Interpreting Land Records is a good read. The manuscript will quickly be recognized as a noteworthy resource for practicing boundary surveyors and students taking advanced courses in boundary law.

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Go to Journal of Surveying Engineering
Journal of Surveying Engineering
Volume 132Issue 4November 2006
Pages: 176

History

Published online: Nov 1, 2006
Published in print: Nov 2006

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Authors

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David A. Wahlstrom, F.ASCE
J.D.
Associate Professor, South Dakota State Univ., Administration Lane, Brookings, SD 57006-3607. E-mail: [email protected]

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