CHCP Property Survey & Boundary Issues 3 — Questions and Answers
Question 1: What is 'adverse possession' and how does it relate to property surveys?
- A legal process where a government takes property by eminent domain
- A doctrine allowing someone to gain legal title by open, continuous, and hostile use of another's land for a statutory period (Correct answer)
- A survey method used to resolve disputed boundaries
- A title insurance exclusion for disputed land
Correct answer: A doctrine allowing someone to gain legal title by open, continuous, and hostile use of another's land for a statutory period
Adverse possession allows a person to claim title to land they have openly and continuously occupied without the owner's permission for the period required by state law.
Question 2: What is the purpose of 'monuments' in a property survey?
- To mark historic landmarks near the property
- To serve as physical markers establishing boundary corners and lines (Correct answer)
- To indicate the elevation of the property
- To show where utility lines are buried
Correct answer: To serve as physical markers establishing boundary corners and lines
Survey monuments are physical markers (iron pins, concrete posts, or natural features) placed by surveyors to mark property corners and boundary lines on the ground.
Question 3: A closing professional discovers a 'gap' between two adjoining parcels when reviewing surveys. What does this mean?
- There is an overlap where both owners claim the same land
- There is an unowned strip of land between the two parcels not claimed by either deed (Correct answer)
- The survey has not been certified by a licensed surveyor
- One parcel has an easement over the other
Correct answer: There is an unowned strip of land between the two parcels not claimed by either deed
A gap occurs when the legal descriptions of two adjoining parcels do not meet, leaving an unclaimed strip of land between them that belongs to neither owner.
Question 4: Which principle governs the priority of conflicting elements within a property description when a dispute arises?
- The most recently recorded deed controls all prior descriptions
- Natural monuments > artificial monuments > adjacent boundaries > calls for courses and distance > area (Correct answer)
- Distance measurements always override directional bearings
- The buyer's survey supersedes all prior recorded descriptions
Correct answer: Natural monuments > artificial monuments > adjacent boundaries > calls for courses and distance > area
Courts resolve conflicting deed elements using a hierarchy where natural monuments have the highest priority, followed by artificial monuments, then adjoiner calls, then courses and distances, and finally area.
Question 5: What is a 'plat of subdivision' and why is it important at closing?
- A zoning map showing permitted land uses
- A recorded map dividing a larger parcel into individual lots with dimensions and easements noted (Correct answer)
- A survey of a single lot commissioned by the buyer
- A government document showing tax assessment boundaries
Correct answer: A recorded map dividing a larger parcel into individual lots with dimensions and easements noted
A plat of subdivision is a recorded map that divides a tract into numbered lots, showing dimensions, easements, and dedications, and serves as the basis for individual lot descriptions.
Question 6: A property's survey shows a 'building restriction line' in addition to a setback line. What is the key difference?
- They are the same thing with different names
- A building restriction line is imposed by private covenant, while a setback is imposed by zoning law (Correct answer)
- A building restriction line only applies to commercial properties
- A setback line is only found on older surveys
Correct answer: A building restriction line is imposed by private covenant, while a setback is imposed by zoning law
A building restriction line arises from private deed covenants or subdivision restrictions, whereas a setback line is a public zoning requirement — both may restrict where structures can be built.
Question 7: When a survey reveals an encroachment by a neighbor's garage onto the subject property, which closing action is most appropriate?
- Close the transaction immediately since minor encroachments are always waived
- Require the encroachment be resolved, obtain an easement, or negotiate a boundary line agreement before closing (Correct answer)
- Ask the title company to delete the survey exception from the policy
- Record an affidavit stating the encroachment will be removed within 90 days
Correct answer: Require the encroachment be resolved, obtain an easement, or negotiate a boundary line agreement before closing
Material encroachments must be resolved before closing through removal, a recorded easement, or a boundary line agreement to protect the buyer's title.
CHCP Property Survey & Boundary Issues 3
What is 'adverse possession' and how does it relate to property surveys?