PS Legal Descriptions & Deed Interpretation 2 — Questions and Answers
Question 1: A deed calls for a boundary 'running N 45° E, 200 feet to an iron pin.' What type of legal description element is '200 feet'?
- Monument call
- Distance call (Correct answer)
- Bearing call
- Closure call
Correct answer: Distance call
The distance call (200 feet) specifies how far to travel in the given direction to reach the next point or monument.
Question 2: In the U.S. Public Land Survey System, what is the standard size of a township?
- 6 miles × 6 miles (Correct answer)
- 1 mile × 1 mile
- 36 miles × 36 miles
- 6 miles × 36 miles
Correct answer: 6 miles × 6 miles
A township is a 6-mile by 6-mile square containing 36 sections of approximately 640 acres each.
Question 3: A 'senior rights' doctrine in boundary law means that:
- The oldest recorded deed always prevails regardless of acreage
- An earlier conveyance from a common grantor takes priority over a later one (Correct answer)
- Senior surveyors have authority over junior surveyors on a project
- The first person to record a deed wins in all disputes
Correct answer: An earlier conveyance from a common grantor takes priority over a later one
Senior rights means the earlier conveyance from a common grantor controls, because a grantor cannot convey more than they own at the time of each subsequent deed.
Question 4: Which exception in a deed conveyance most accurately reserves a strip of land from the grant?
- Reservation
- Exception (Correct answer)
- Condition
- Easement
Correct answer: Exception
An exception withholds a specific portion of land from the grant, meaning that parcel was never conveyed and title remains with the grantor.
Question 5: A deed that describes property as 'Lot 12, Block 4, Sunrise Subdivision as recorded in Plat Book 22, Page 10' is an example of which description type?
- Metes and bounds
- PLSS description
- Lot and block (Correct answer)
- Geodetic description
Correct answer: Lot and block
Lot and block (or recorded plat) descriptions reference a recorded subdivision plat by book and page number to identify a specific parcel.
Question 6: When a deed description has a conflict between a bearing call and a distance call, which generally prevails under common law rules of construction?
- Distance prevails over bearing (Correct answer)
- Bearing prevails over distance
- Both are discarded and the monument controls
- The court must decide without any preference
Correct answer: Distance prevails over bearing
Under the common law priority of calls, distances generally prevail over bearings because linear measurements are considered more reliable than angular ones when monuments are absent.
Question 7: What does the abbreviation 'POB' stand for in a metes and bounds description?
- Point of Beginning (Correct answer)
- Perimeter of Boundary
- Point of Bearing
- Place of Boundary
Correct answer: Point of Beginning
POB stands for Point of Beginning, which is the starting and ending reference point of a closed metes and bounds description.
A deed calls for a boundary 'running N 45° E, 200 feet to an iron pin.' What type of legal description element is '200 feet'?