CHCP Property Survey & Boundary Issues 2 — Questions and Answers
Question 1: A buyer discovers after closing that a neighbor's fence encroaches 2 feet onto the purchased property. What type of survey would have most likely identified this issue before closing?
- Topographic survey
- Boundary survey
- Mortgage inspection report
- ALTA/NSPS Land Title Survey (Correct answer)
Correct answer: ALTA/NSPS Land Title Survey
An ALTA/NSPS Land Title Survey provides the most comprehensive boundary and encroachment information required by title insurers.
Question 2: What is a 'call' in a legal property description based on metes and bounds?
- A phone consultation with a surveyor
- A reference to a bearing, distance, or landmark used to define a boundary line (Correct answer)
- A notation of a disputed boundary
- A surveyor's field note about obstacles
Correct answer: A reference to a bearing, distance, or landmark used to define a boundary line
In metes and bounds descriptions, a 'call' refers to each individual directional or distance reference used to trace the property boundary.
Question 3: Which of the following best describes an 'appurtenant easement'?
- An easement that benefits the public at large
- An easement that transfers with the land and benefits a specific parcel (Correct answer)
- An easement held by a utility company
- An easement that expires after a set number of years
Correct answer: An easement that transfers with the land and benefits a specific parcel
An appurtenant easement is attached to and runs with the benefited parcel (dominant estate), transferring automatically with ownership.
Question 4: A survey reveals that the property's legal description in the deed does not match the actual surveyed boundaries. What is this discrepancy called?
- A senior rights conflict
- A gap or overlap
- A boundary encroachment
- A survey discrepancy or deed conflict (Correct answer)
Correct answer: A survey discrepancy or deed conflict
When the legal description in a deed fails to match the actual surveyed boundaries, it is referred to as a survey discrepancy or deed conflict requiring resolution before closing.
Question 5: Under the doctrine of 'acquiescence,' a boundary line can be legally established when:
- A surveyor certifies the line after a dispute
- Both neighbors have treated a line as the boundary for a statutory period (Correct answer)
- A court orders a new survey
- The county recorder updates the plat map
Correct answer: Both neighbors have treated a line as the boundary for a statutory period
Acquiescence occurs when neighboring landowners mutually treat and accept a specific line as the boundary over a long statutory period, giving it legal effect.
Question 6: What does a 'setback line' on a survey plat represent?
- The historical boundary of the property
- The minimum distance a structure must be built from a property line per zoning rules (Correct answer)
- The line beyond which a neighbor's fence may not extend
- The boundary between public and private land
Correct answer: The minimum distance a structure must be built from a property line per zoning rules
A setback line indicates the minimum distance required by local zoning ordinances between a structure and the property line.
Question 7: A title search reveals an old utility easement across a property that was never disclosed by the seller. How does this typically affect title insurance?
- The title insurer will automatically remove the easement
- The easement becomes a title exception, limiting coverage for claims arising from it (Correct answer)
- Title insurance fully covers losses from undisclosed easements
- The policy is voided and must be reissued
Correct answer: The easement becomes a title exception, limiting coverage for claims arising from it
Undisclosed but discovered easements are typically listed as exceptions in Schedule B of the title policy, meaning the insurer will not cover claims arising from that easement.
CHCP Property Survey & Boundary Issues 2
A buyer discovers after closing that a neighbor's fence encroaches 2 feet onto the purchased property.
What type of survey would have most likely identified this issue before closing?