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by philip1209 902 days ago
How property rights work when land shifts?
5 comments

An example for Alaska.

https://storymaps.arcgis.com/stories/662519e4406946faa6e655d...

> Land within the Refuge that is tidally influenced up to the mean high-tide level, is managed by the Alaska Department of Fish and Game (ADF&G) for its unique recreational and wildlife values. As post-glacial rebound lifts the outer edges of the Refuge beyond the reach of the tides, the Refuge boundary shrinks. --->>> When glacial rebound lifts this new land above the high tide line, landowners adjacent to the Refuge can go through a legal process to claim this new land as a part of their property. <<<--- To ensure that these uplifted lands remain in their natural condition for habitat and recreation, the Southeast Alaska Land Trust (SEALT) sought partnerships with interested landowners through the Accreted Lands Project.

And on the wiki page for post-glacial rebound, Finland has an example: https://en.wikipedia.org/wiki/Post-glacial_rebound#Legal_imp...

> In areas where the rising of land is seen, it is necessary to define the exact limits of property. In Finland, the "new land" is legally the property of the owner of the water area, not any land owners on the shore. Therefore, if the owner of the land wishes to build a pier over the "new land", they need the permission of the owner of the (former) water area. The landowner of the shore may redeem the new land at market price.

In California, you file an action in court and they will redraw the property lines in a fair manner, allowing everyone affected to have a say in what counts as "fair".

https://law.justia.com/codes/california/2009/ccp/751.50-751....

As I understand it (at least in the US), your land rights are based off of relative measurements from a static (to the land) point. They often look like medallions on the ground, anchored in place by fairly sizable stakes to ensure they don't easily move.

The positions of those medallions... not as sure, but I imagine they are in turn positioned according to other static points.

If the land cracks, well, I have no idea. That would be a legal battle no doubt.

EDIT: These fixed points are called "common points" or "points of beginning (POB)", and there's usually one per neighborhood. There are also apparently buried iron rods (survey pins) that define property lines that can be found using a metal detector or such, but they are not foolproof.

Reminds me of this marker story: "Belgian farmer accidentally moves French border" [1]

[1] https://www.bbc.com/news/world-europe-56978344

The more common points are called trigonometrical points or triangulation stations.

https://en.wikipedia.org/wiki/Triangulation_station

https://en.wikipedia.org/wiki/Point_of_beginning

(I'm surprised there's no link between these two articles.)

https://en.wikipedia.org/wiki/Initial_point

In Japan property boundaries are (often) marked with physical markers embedded into the ground: https://www.japantimes.co.jp/community/2015/01/02/how-tos/pr... https://japanpropertycentral.com/real-estate-faq/land-bounda...
Survey spikes are common worldwide. The issue is that they are not always where you think they would be. They are positioned relative to each other, were placed years ago, or moved by unscrupulous land owners. And until relatively recently it was all done by one person using an optical device looking at another person standing there with a colored stick.

Surveyors are often called to resolve any discrepancies during disputes or sales.

Land could grow or shrink. I'd think split the difference.