CHCP Property Survey & Boundary Issues 5 — Questions and Answers
Question 1: What is a 'boundary line agreement' and how does it resolve a survey dispute at closing?
- A court order requiring a new survey at the government's expense
- A recorded agreement between adjacent owners fixing an agreed boundary, binding on future owners (Correct answer)
- A title insurance rider that eliminates all boundary coverage exceptions
- An informal handshake agreement between neighbors about fence placement
Correct answer: A recorded agreement between adjacent owners fixing an agreed boundary, binding on future owners
A boundary line agreement is a recorded instrument where adjoining owners agree to a specific boundary location, which becomes binding on both parties and their successors.
Question 2: An easement described as 'in gross' differs from an appurtenant easement because it:
- Runs with the land and benefits an adjacent parcel
- Belongs to a specific person or entity rather than a parcel, and generally does not transfer automatically with land (Correct answer)
- Can only be created by a government entity
- Expires automatically when the property is sold
Correct answer: Belongs to a specific person or entity rather than a parcel, and generally does not transfer automatically with land
An easement in gross benefits a specific person or company (such as a utility) rather than a neighboring parcel, and typically does not pass automatically with a property sale.
Question 3: What survey information is found in Schedule B-II of an ALTA title commitment that directly relates to survey issues?
- The legal description of the property
- Exceptions and requirements such as easements, encroachments, and survey matters that are excluded from coverage (Correct answer)
- The identity of the licensed surveyor
- The purchase price and loan amount
Correct answer: Exceptions and requirements such as easements, encroachments, and survey matters that are excluded from coverage
Schedule B-II lists specific exceptions to coverage, including easements, encroachments, and other matters that an ALTA survey may reveal, which the title insurer will not cover.
Question 4: In a section and township land description (Public Land Survey System), how many acres are in a standard section?
- 40 acres
- 160 acres
- 640 acres (Correct answer)
- 1,280 acres
Correct answer: 640 acres
A standard section in the Public Land Survey System contains 640 acres, and townships are made up of 36 sections arranged in a 6x6 grid.
Question 5: When a closing professional reviews a survey and sees 'N 45°30'00" E, 150.00 feet,' what does this notation represent?
- The elevation of the property above sea level
- A metes and bounds call describing a boundary line direction and distance (Correct answer)
- The GPS coordinates of a property corner
- The angle of a driveway easement
Correct answer: A metes and bounds call describing a boundary line direction and distance
This notation is a metes and bounds bearing and distance call, meaning the boundary line runs North 45 degrees 30 minutes East for 150 feet from a starting point.
Question 6: A buyer is purchasing a property with a shared driveway easement. What document should be reviewed to understand the maintenance obligations for that easement?
- The property tax bill
- The recorded easement agreement or deed creating the easement (Correct answer)
- The lender's appraisal report
- The county zoning ordinance
Correct answer: The recorded easement agreement or deed creating the easement
The recorded easement agreement or the deed that created the easement will specify the rights, restrictions, and maintenance responsibilities of each party.
Question 7: What is 'prescriptive easement' and how might it appear as a survey or title issue at closing?
- An easement granted by a government agency for public use
- An easement acquired through long, open, and continuous use of another's land without permission, similar to adverse possession but without taking title (Correct answer)
- An easement written into the original plat of subdivision
- An easement created when a property is landlocked
Correct answer: An easement acquired through long, open, and continuous use of another's land without permission, similar to adverse possession but without taking title
A prescriptive easement arises when a person has used another's land openly, continuously, and without permission for the statutory period, and it may appear as an unrecorded encumbrance discovered during a survey.
CHCP Property Survey & Boundary Issues 5
What is a 'boundary line agreement' and how does it resolve a survey dispute at closing?