Boundary Law and Property Flashcards

A surveyor retracing a parcel from a 1920 deed finds a conflict between the called distance of 'thence North 89°30' East, 5280 feet to an iron pipe' and the found original iron pipes at both ends of the course. The measured bearing and distance between the found monuments is North 88°00' East, 5275 feet. According to the priority of calls, which of the following holds the highest authority in reestablishing the boundary line?

Answer: The found original iron pipes

The priority of calls, a fundamental legal principle in boundary surveying, establishes a hierarchy for evidence when resolving conflicts in property descriptions. Monuments, especially original, called-for monuments (in this case, the iron pipes), are given the highest authority. They are considered the most reliable evidence of the original surveyor's intent. Bearings and distances are subordinate to monuments because measurements can be prone to error.

A landowner has been openly using a well-defined path across their neighbor's property to access a public road for over 20 years, without permission. The use has been continuous and is well-known in the community. The landowner may have acquired which of the following rights?

Answer: A prescriptive easement

A prescriptive easement is a right to use the land of another that is acquired through adverse use for a statutory period. The elements—open, notorious, continuous, and hostile (without permission) use—are met in this scenario. Adverse possession would grant ownership (fee simple title), which is different from the right of use granted by an easement. An easement by necessity arises from specific circumstances, like a landlocked parcel, not from long-term use. Littoral rights pertain to properties abutting a lake or sea.

Which of the following BEST describes the primary duty of a surveyor performing a dependent resurvey?

Answer: To re-establish the original survey lines and corners in their original positions based on the best available evidence.

A dependent resurvey is defined as a retracement and reestablishment of the lines of the original survey in their true original positions according to the best available evidence. The surveyor's role is not to correct the original survey, but to follow in the footsteps of the original surveyor to identify where the original boundaries were established. New corners are only set to restore lost original corners, not to create new positions based on modern tech alone.

The rights of a landowner whose property abuts a flowing river are known as:

Answer: Riparian rights

Riparian rights pertain to landowners whose property is adjacent to a flowing body of water, like a river or stream. Littoral rights apply to landowners whose property borders a static body of water, such as a lake or ocean. Avulsion is the sudden change in a river's course and relates to how boundaries are affected, but it is not the name of the rights themselves. Subsurface rights relate to ownership of resources below the ground.

In a situation where a common grantor sells two adjacent parcels of land at different times (a sequential conveyance), and the description of the second parcel sold overlaps with the first, which legal principle generally governs the location of the common boundary?

Answer: The principle of junior and senior rights

In sequential conveyances, the principle of junior and senior rights applies. The first parcel conveyed (the senior deed) is given its full rights and dimensions as described. Any remaining land, including any deficiency or overlap, is assigned to the second parcel conveyed (the junior deed). The senior deed is 'first in time, first in right.' Proration is typically used for simultaneous conveyances, such as lots in a subdivision.

All of the following are required elements to establish a claim of adverse possession EXCEPT:

Answer: Permission from the true owner

Adverse possession requires the use to be 'hostile,' meaning it is without the permission of the true owner. If the owner gives permission, the use is no longer adverse, and a claim for adverse possession cannot be established. The other elements listed—open and notorious, hostile, and continuous possession for the statutory period—are all essential requirements for a successful adverse possession claim.