5509.11,0 Code
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     FSH 5509.11 - TITLE CLAIMS, SALES, AND GRANTS HANDBOOK
                    WO AMENDMENT 5509.11-92-4
                        EFFECTIVE 8/3/92

                            ZERO CODE


01 - AUTHORITY.  The laws outlined in FSM 5501 and FSM 1020 
specify the authority for the protection and adjustment of land 
title and interests.  This authority also is expressed in 
numerous acts enacted to resolve specific situations, as well as 
in the rules, regulations, and directives implementing those laws 
and the court decisions interpreting those laws.

03 - POLICY.  Comply with the applicable direction and 
instructions fully.  The Director of Lands, Washington Office, 
must approve any delegation to resolve routine litigation cases 
or variations deemed necessary for unusual or emergency cases 
(FSM 5504.2).

05 - DEFINITIONS.

Adjudicate.  To settle a case by court or administrative hearing 
of the factual issues involved in the case for the purpose of 
enforcing a right.

Adverse Possession.  A method of title acquisition by possession 
for a specified period.  Generally, possession must be actual, 
under claim of right, open, and notorious.

Record Chain of Title.  A record of successive conveyances or 
transfers that evidences sources of title.

Claim of Title.  A claim of land as a person's own based on any 
reasonable evidence which establishes the person's actual use of 
the land as though the person had obtained ownership in fee.

Color of Title.  An instrument or writing purporting to convey 
title or interest in title to a tract of land.

Encroach.  To enter by gradual steps or to intrude upon the 
lands, property, or authority of another.

Navigable.  The test for navigability, as it relates to title to 
land, relies on the Federal definition applied at the date of 
statehood.  Waters are "navigable" when they are used or 
susceptible of being used in their natural and ordinary condition 
as highways for commerce over which trade and travel could be 
conducted in the customary modes of trade and travel on water.

Occupancy.  To take or maintain possession of.

Private Law.  Private law is a law affecting an individual or a 
small number of persons.  See also Public Law.  

Public Law.  As used in this Handbook, Public Law is ". . . a law 
or statute that applies to the people generally of the nation or 
state adopting or enacting it, is denominated a public law, 
distinguished from a private law, affecting only an individual or 
a small number of persons."  (Black's Law Dictionary).

Quiet Title Action.  A legal proceeding to establish the 
plaintiff's title to land; it may be brought against a particular 
claimant or to perfect a title.

Regional Attorney.  As used in this text, the Regional Attorney 
is the field office representative of the Office of General 
Counsel, whether titled Regional Attorney or Attorney in Charge.

Title Claim.  See Claim of Title.

Trespass.  To go on another's land or property unlawfully; an 
illegal act causing injury to the person or to the relative 
rights of another's property; also, legal action for damages 
resulting from trespass.

06 - REPORTS.  Initiation of title claim and encroachment, sale, 
and grant cases is usually upon the discovery of adverse 
occupancy or encroachment, discovery of title defects, receipt of 
an application, or through court action.  In each case, conduct a 
prompt investigation and prepare a report.

The action taken and the report format depend on:

     1.  The authority for the filing of claims, sales, and grants.

     2.  Whether the case involves litigation, legislation, or is 
being considered under administrative procedures, rules, and 
regulations.

For cases involving court action against the United States or 
Forest Service officials, use the report format in section 12.22.  
Data listed in section 13.11 may suggest other information for 
use in the litigation report.

For all other cases involving title claim and encroachment, sale, 
and grant being handled administratively, or in preparation for 
court action by the United States, use the report outline in 
section 13.11.

06.1 - Program Activity Reports.  Descriptions of reports for 
tracking program activity for management and budgeting purposes 
are at the end of each chapter in this handbook.  These program 
activities include:

     1.  Title claims and encroachments.

     2.  Sales, includes small tracts and townsites.

     3.  Grants.