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A Possible Procedure to Reset a Disturbed Boundary Corner in a Torrens System of Land Registration through the Use of a State Plane Coordinate

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The National Geodetic Survey (NGS) is changing the way that the National Spatial Reference System (NSRS) will be accessed: the current paradigm of using passive physical geodetic survey marks set in the ground will be replaced by a new system using a Global Navigation Satellite System (GNSS) that references Continuously Operating Reference Stations (CORS). Massachusetts General Law (MGL) Chapter 97 Section 17 states as follows:

"For the purpose of describing the location of any ... land boundary point in the commonwealth it shall be a complete, legal, and satisfactory description of such location to give the position of said ... land boundary point on the Massachusetts Coordinate System. "

The Massachusetts Land Court (Land Court) was established to implement a Torrens System of Land Registration. The current paradigm is that boundaries of the registered parcel of land are definitively located on the ground by physical monuments set in the ground [and not by State Plane Coordinates (SPC)]. This article will describe a possible procedure in which the Massachusetts Land Court in its order of judgment will decree the definitive location of boundary corners by physical monuments set in the ground and SPC. The physical monument will always hold, but the SPC will be used to determine if the monument has been disturbed. A disturbed monument would then be reset by using the SPC to set a new physical monument in the ground. The said new physical monument would then be used to locate the definitive boundary corner. The SPC would continue to be used to determine when the then current physical monument is itself disturbed.
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Document Type: Research Article

Publication date: May 1, 2018

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