Legal and Boundary Principles Flashcards

A prescriptive easement differs from adverse possession primarily in that:

Answer: Prescriptive easements grant only a right to use land, not title to it

A prescriptive easement grants a right of use over another's land, while adverse possession transfers fee title to the claimant.

Which legal doctrine holds that when a deed conveys land bounded by a highway or road, the grantee receives title to the centerline of that road, absent contrary intent?

Answer: Highway centerline presumption

The highway centerline presumption (or centerline rule) holds that a conveyance abutting a road typically extends to the road's centerline unless the deed clearly states otherwise.

When a deed describes land as bounded by a non-navigable stream, the boundary is typically:

Answer: The centerline (thread) of the stream

For non-navigable streams, common law places the boundary at the thread (centerline) of the stream, with each riparian owner holding to mid-channel.

The concept of 'riparian rights' is most associated with which property characteristic?

Answer: Ownership of land abutting a body of water

Riparian rights are the water-use and access rights held by landowners whose property borders a stream, river, or other body of water.

Under the 'agreed boundary' doctrine, a boundary agreement between adjoining owners is binding when:

Answer: There is uncertainty about the true boundary and the parties fix a line in good faith

An agreed boundary is valid when the true boundary is uncertain and the parties, acting in good faith, fix a specific line as their common boundary.

The term 'simultaneous conveyance' is important in boundary law because it means:

Answer: Lots created from the same plat or subdivision have equal (co-equal) rights with no senior or junior priority among themselves

Simultaneous conveyance means that lots platted together have co-equal rights, so the senior/junior deed priority rule does not apply among them.

A 'color of title' claim in adverse possession refers to:

Answer: A written instrument that appears to convey title but is defective in some legal respect

Color of title is a document that appears to transfer ownership but has some legal defect, such as a flawed deed, that prevents it from being fully effective.