PS Legal Descriptions & Deed Interpretation 3 — Questions and Answers
Question 1: Under the priority of calls, which type of monument generally carries the highest weight in resolving conflicting deed elements?
- Natural monuments (Correct answer)
- Artificial monuments
- Recorded plat lines
- Calculated coordinates
Correct answer: Natural monuments
Natural monuments (rivers, lakes, rock outcroppings) carry the highest evidentiary weight because they are permanent, identifiable, and not subject to human error in placement.
Question 2: A deed description states 'thence along the centerline of Oak Creek.' This is an example of which type of call?
- Directional call
- Riparian call
- Monument call (Correct answer)
- Adjoiner call
Correct answer: Monument call
Calling along a creek or stream centerline is a monument call, as the creek itself serves as a natural monument defining the boundary.
Question 3: In the PLSS, section 6 is always located in which corner of a township?
- Southeast corner
- Southwest corner
- Northeast corner
- Northwest corner (Correct answer)
Correct answer: Northwest corner
In PLSS townships, sections are numbered starting with Section 1 in the northeast corner and serpentining to Section 36 in the southeast, placing Section 6 in the northwest corner.
Question 4: A deed conveys 'the north half of the southeast quarter of Section 14.' How many acres does this parcel contain in a regular section?
- 80 acres (Correct answer)
- 160 acres
- 40 acres
- 320 acres
Correct answer: 80 acres
The SE¼ of a section contains 160 acres; the north half of that equals 80 acres.
Question 5: What legal principle holds that when a deed is ambiguous, it is construed against the grantor?
- Contra proferentem (Correct answer)
- Nemo dat quod non habet
- Estoppel by deed
- Doctrine of merger
Correct answer: Contra proferentem
Contra proferentem is the rule that ambiguous deed language is construed against the drafter, who is typically the grantor.
Question 6: A 'reservation' in a deed differs from an 'exception' in that a reservation:
- Withholds title to a portion of land already conveyed
- Creates a new right (such as an easement) in the grantor out of the conveyed land (Correct answer)
- Applies only to mineral rights
- Must be recorded separately from the deed
Correct answer: Creates a new right (such as an easement) in the grantor out of the conveyed land
A reservation creates a new right or interest (e.g., an easement or life estate) in the grantor over the conveyed property, whereas an exception withholds an existing parcel from the grant.
Question 7: Which of the following best describes an 'adjoiner call' in a metes and bounds description?
- A call to a surveyed line on the opposite side of a road
- A reference to an adjacent property owner or deed to establish a boundary (Correct answer)
- A call along a natural watercourse
- A computed coordinate derived from triangulation
Correct answer: A reference to an adjacent property owner or deed to establish a boundary
An adjoiner call identifies a boundary by referencing a neighboring landowner or their deed, making the adjacent property's boundary the line in question.
PS Legal Descriptions & Deed Interpretation 3
Under the priority of calls, which type of monument generally carries the highest weight in resolving conflicting deed elements?