LSIT Legal and Boundary Principles 3 — Questions and Answers
Question 1: Under the doctrine of 'acquiescence,' a boundary line may be established when:
- Both parties agree in writing to a new boundary
- Adjoining owners mutually recognize and treat a line as their boundary for an extended period (Correct answer)
- A court orders a new boundary after a survey dispute
- A licensed surveyor stakes a line accepted by one party
Correct 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.
Question 2: Which of the following best describes a 'call' in a deed description?
- A reference to a neighboring owner's name only
- Any element in a deed description such as a course, distance, monument, or adjoiner (Correct answer)
- A verbal agreement between buyer and seller at closing
- A surveyor's field note entry
Correct 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.
Question 3: The term 'senior rights' in boundary law means that:
- Older property owners have priority in boundary disputes
- The earlier-recorded deed takes precedence over later conveyances from the same grantor (Correct answer)
- Senior surveyors have authority over junior surveyors' monuments
- The state has priority over private landowners in all boundary matters
Correct 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.
Question 4: When a deed calls for a distance 'more or less,' this language generally indicates:
- The distance is approximate and monuments control over the stated distance (Correct answer)
- The surveyor may ignore that line entirely
- The grantee receives less land than described
- The grantor retains ownership of any excess land
Correct 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.
Question 5: A 'gore' in land surveying refers to:
- An overlap between two adjacent parcels
- A triangular or irregular strip of land left unintentionally between two surveys (Correct answer)
- A type of easement running along a road
- A discrepancy in deed bearing versus measured bearing
Correct 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.
Question 6: 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:
- Estoppel by deed (Correct answer)
- Adverse possession
- Riparian rights
- Dominant tenement
Correct answer: Estoppel by deed
Estoppel by deed prevents a grantor from claiming rights in property they have already conveyed to another.
Question 7: Which boundary evidence type is generally given the LEAST weight when resolving a boundary dispute?
- Original survey monuments
- Calls to natural features
- Calculated distances from mathematical closure (Correct answer)
- Calls to adjoiners
Correct 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.
LSIT Legal and Boundary Principles 3
Under the doctrine of 'acquiescence,' a boundary line may be established when: