PS Boundary Law & Riparian Rights 3

Question 1

In the hierarchy of calls used to resolve conflicting boundary descriptions, which call type generally takes the LOWEST priority?

Accepted Answer

Area or quantity

Answer

The standard hierarchy places area/quantity last because it is a calculated result; monuments, lines, and courses take precedence over computed area.

Question 2

The doctrine of 'senior rights' in boundary law means that when two deeds conflict, the court will:

Accepted Answer

Give priority to the description executed (or recorded) first in time

Answer

Senior rights follow the principle that a grantor cannot convey more than they own, so the earlier conveyance controls over later (junior) conflicting grants.

Question 3

An original USPLSS corner monument is found in the field. A later survey placed a different monument nearby. Which controls?

Accepted Answer

The original GLO monument because original monuments control

Answer

Original GLO corner monuments, when found, are the legal corners regardless of their calculated position; all other monuments are subordinate.

Question 4

A survey description calls for a fence line as a boundary monument. The fence is later found to be 15 feet off from other controlling evidence. A surveyor should:

Accepted Answer

Weigh the fence against all other evidence to determine the true boundary

Answer

A fence referenced as a monument is evidence but must be weighed against all other evidence — monuments are not automatically superior if contradicted by stronger evidence.

Question 5

The legal concept of 'privity of estate' is relevant to adverse possession because it:

Accepted Answer

Permits successive possessors to tack their periods of possession together

Answer

Privity allows the time periods of successive adverse possessors to be combined (tacked) if each possessor transferred possession to the next in a connected chain.

(PS) Professional Licensed Surveyor Practice Test

(PS) Professional Licensed Surveyor Practice Test

PS Boundary Law & Riparian Rights 3