Was feeling pretty happy for a while

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but i crashed and am feeling sad again. I can't stop thinking of a girl who broke my heart. Ive been told the best thing to do is to focus your attention on something else, which is what im trying to do. Im trying to self teach myself survey law to fill out my evening before going to bed, i just can't seem to get movitated. My attention spand lasts no longer than a minute.

Are there any other things i can do to focus my attention on whats important to me(surveying)?
I just want memories of her to go away but they won't. Im really struggling when it comes to moving on.

Always tough. I have seen much of this kind of advice given. There are many various things, some of them rude, some of them not. Some of them emotional, some of them clinical. What I think the answer is, is no. There really isn't anything that will help this but time.

What is survey law? I am curious.

thanks for your help.

Survey Law has to do with the relation between Land surveying and the Legal system in the simplest terms. It deals with how the legal process is involved when it comes to creating, re-establishing, re-surveying, restoring boundaries of a parcel of land. A land surveyor can be called to court to testify as an expert witness because of his expertise in collecting and examining evidence regarding boundaries when it comes to a legal dispute between adjcant landowners.

Such as borders between properties, your tree is putting leaves on my lawn, that type of thing? Easements? Undeveloped lots of land?

I am a paralegal, and I never really considered that kind of thing as a separate type of law. Of course it is, I just never considered it. That is interesting. Is this something you want to get into doing, or something you are interested in for its own sake?

And I don't know that I helped all that much.

Yeah, it's gonna suck for a while. Ain't that the way a broken heart should be?
All I can say is that I can relate to what you're going through. And in the end, time always passes.

Exactly borders between properties, but more along the lines of encroachments etc. One land owner may say his property boundary is located here, the adjacent land owner may say it is located over there. Sometimes the original monuments placed in the ground to define the boundary is no longer there. What do you do then? You have to take into account the heiarchy of evidence when re-establising a boundary, these are the governing rules established by the courts in this order:
1) Natural boundaries
2) Original monuments in the original location
3) Fences or possesion dating back to time of original survey
4) meausrements.

Then you have easements, adverse possession(squatter's rights), prescription.

I work in the Land surveying industry.

What is a Paralegal?

This is a very complex area of law, and I imagine one that can get a bit intense at times. A man's home is his castle, and so on. People get very protective of their property and what their rights are, and what they think they are.

What is prescription? That's a term I don't know in this context.

This is my answer for prescription based on what ive read from the textbook Survey Law in Canada. Whether or not its right has yet to be determined. I will find out when i write the CBEPS Survey Law exam in March.

3)Discuss the characteristics of and criteria for adverse possession and prescription. What are the differences between them?

Adverse possession characteristics

Any owner who fails to exercise his rights of ownership and possession over all his estate, but still maintains the boundaries of his parcel, may lose his right by the adverse action of another. The trespasser who takes over possession will then have possession of a part of or the entire parcel. The trespasser will not have a full legal title of the area under claim until a legal process bestows this on the trespasser by an order that settles or quiets the title. This judicial order is the sanction that establishes the boundary and this boundary is not known until order is given. The order may give title only to that portion of the possession and the court is prepared to recognize and sanction as having satisfied necessary and prerequisite conditions. Adverse possession is linked to a fee simple freehold estate. The rights or interests in land are expressed in terms of estates.

Criteria
An actual, open and visible, notorious, exclusive and continuous possession and enjoyment from the use of land in a fashion which is adverse or hostile to, and in derogation of the title of another person are conditions to be meet to fulfill a possessory claim. Adverse possession can only take place on a defined parcel of land.


Prescription
Characteristics
Prescription is the establishment of a claim to title of land under common law, usually by use of enjoyment of land for a fixed period of time. In Canada, this fixed period of time is 20 years. In common law this fixed period of time is from time immemorial established in 1189 A.D., but Canada did not exist back then, which is why the time period is 20 years as established by statute. Would be impossible for a Canadian claimant to show use from 1189 A.D.

Criteria
Prescription will not be established if enjoyment and use of land was a result of force, secrecy, evasion, stealth, and tacit sufferance or no permission from the owner was given. Unexplained continuous use for 20 years or more, but no less is required to justify a finding of a lost grant, to land, had been made.
The presumed grant must be by a capable grantor to a capable grantee, either wise the courts will not listen to an argument where no grant was in fact made.

Differences
Prescription is a parallel process whereby rights to use the land, as opposed to possession, are obtained. In adverse possession it is necessary for a trespasser to establish possession of the property but according to the doctrine of prescription it is only necessary to establish use of the property. As with adverse possession requirements concerning the nature of the possession, in order to invoke the doctrine of prescription the claimant must be able to establish a certain quality of use.

Last edited by dalhousie12 on 12 Dec 2007, 10:35 pm, edited 1 time in total.

That looks very well thought out, and very well written. I wonder, though, how easy it is to void a claim of adverse possession due to the criteria mentioned under that section, i.e., secrecy, evasion, and especially stealth. Under those criteria it would seem quite difficult to establish prescription in a case of adverse possession.

I agree. You should just try to focus on something else and over time that girl breaking your heart feeling should go away. If you can't focus on anything else, try finding something to distract you like watching TV. Also exercising is very good. Try doing someone not mentally draining so that you think about your problem and do this other task. That should slowly help navigate you away from thinking too much.

Thanks everybody for the advice, it has been helpful and has lifted my spirits.