RPLS Legal Principles 1 — Questions and Answers
Question 1: A deed describes a boundary as running "to the centerline of the river." Which of the following statements is true?
- The property includes ownership up to the water's edge.
- The property includes ownership of the land beneath the river to its centerline. (Correct answer)
- The property excludes the river entirely.
- The boundary depends on the navigability of the river.
Correct answer: The property includes ownership of the land beneath the river to its centerline.
When a deed describes a boundary as running "to the centerline of the river," it typically grants riparian rights, meaning the property owner owns the land beneath the non-navigable river up to its thread or centerline. This legal principle, known as the "thread of the stream" doctrine, defines the extent of ownership in such cases. The navigability of the river can sometimes alter this, but the general rule for non-navigable waters is to the centerline.
Question 2: An easement grants a utility company the right to access a property for maintenance. Which of the following is true about the easement?
- It transfers ownership of the land to the utility company.
- It creates a non-possessory interest in the property. (Correct answer)
- It allows the property owner to revoke access at any time.
- It expires automatically after ten years.
Correct answer: It creates a non-possessory interest in the property.
An easement grants a specific right to use another's land for a particular purpose, such as utility access, without transferring ownership or possession of the land itself. This means the utility company has a legal right to access but does not own or occupy the property. The landowner retains ownership and the right to use the land, subject to the easement, making it a non-possessory interest.
Question 3: When resolving disputes over boundaries, which of the following is considered the highest priority in interpreting legal descriptions?
- Bearings and distances in the description.
- Calls to natural monuments or features. (Correct answer)
- Adjacent property owner testimony.
- The date the survey was conducted.
Correct answer: Calls to natural monuments or features.
In boundary law, there is a well-established hierarchy for interpreting legal descriptions, with calls to natural monuments holding the highest priority. These include stable and identifiable features like rivers, trees, or large rocks, as they are generally considered less prone to change or error than other descriptive elements. Artificial monuments, then courses and distances, and finally area, follow in descending order of priority.
Question 4: A landowner’s deed states a property line runs "along the western edge of the old fence." If the fence has since been removed, what is the best course of action?
- Use historical records or evidence to locate the former fence line. (Correct answer)
- Redefine the boundary based on the nearest existing structure.
- Treat the boundary as non-existent and resurvey the property.
- Extend the line to the nearest visible landmark.
Correct answer: Use historical records or evidence to locate the former fence line.
When a physical monument like a fence, which was called for in a deed, is no longer present, the surveyor's duty is to re-establish its original location. This involves gathering historical evidence, such as old surveys, aerial photographs, or witness testimony, to accurately retrace the former fence line. The goal is to restore the original boundary, not to create a new one based on existing structures or landmarks.
Question 5: Which of the following is true about adverse possession as it relates to land boundaries?
- It requires the consent of the original owner.
- It can be claimed after any length of occupation.
- The occupation must be open, notorious, and continuous. (Correct answer)
- It applies only to government-owned lands.
Correct answer: The occupation must be open, notorious, and continuous.
Adverse possession allows someone to claim ownership of land by occupying it for a statutory period under specific conditions. Key requirements typically include that the possession must be open and notorious (visible to the true owner), hostile (without the owner's permission), actual, exclusive, and continuous for the entire statutory period. These conditions ensure the true owner has notice and an opportunity to reclaim their property.
RPLS Legal Principles 1
A deed describes a boundary as running "to the centerline of the river." Which of the following statements is true?