Legal and Boundary Principles Flashcards
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Read the first 7 Legal and Boundary Principles flashcards as text
Under the doctrine of 'acquiescence,' a boundary line may be established when:
Answer: Adjoining owners mutually recognize and treat a line as their boundary for an extended period
Acquiescence occurs when adjacent landowners mutually recognize and treat a line as their common boundary over a long period, giving it legal standing.
Which of the following best describes a 'call' in a deed description?
Answer: Any element in a deed description such as a course, distance, monument, or adjoiner
A call is any element referenced in a deed description, including bearings, distances, monuments, and adjoiners, used to locate a boundary.
The term 'senior rights' in boundary law means that:
Answer: The earlier-recorded deed takes precedence over later conveyances from the same grantor
Senior rights refer to the principle that an earlier conveyance from a grantor takes precedence over a later conveyance of the same land.
When a deed calls for a distance 'more or less,' this language generally indicates:
Answer: The distance is approximate and monuments control over the stated distance
The phrase 'more or less' signals that the distance is approximate, reinforcing the rule that monuments control over conflicting distances.
A 'gore' in land surveying refers to:
Answer: A triangular or irregular strip of land left unintentionally between two surveys
A gore is a thin, often triangular strip of land inadvertently omitted between two surveys or conveyances.
Under common law, a landowner who conveys a parcel by a deed with a specific description generally cannot later convey overlapping land to another party because of the principle known as:
Answer: Estoppel by deed
Estoppel by deed prevents a grantor from claiming rights in property they have already conveyed to another.
Which boundary evidence type is generally given the LEAST weight when resolving a boundary dispute?
Answer: Calculated distances from mathematical closure
Calculated or record distances are given the least weight in the hierarchy of deed calls, ranking below monuments, adjoiners, and natural features.
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