RPLS Legal Principles 3 — Questions and Answers
Question 1: Which of the following best describes the legal effect of a 'senior patent' in the context of conflicting land grants?
- The most recently recorded deed takes precedence
- The earlier-issued patent holds superior title and cannot be defeated by a subsequent patent for the same land (Correct answer)
- Both patents are void and title reverts to the government
- The patent with the larger acreage prevails
Correct answer: The earlier-issued patent holds superior title and cannot be defeated by a subsequent patent for the same land
A senior (first in time) patent conveys valid title, and a junior patent issued for the same land is void to the extent of the overlap.
Question 2: In most U.S. jurisdictions, which party bears the burden of proof in a quiet title action?
- The defendant must prove superior title
- The plaintiff must prove title by a preponderance of the evidence (Correct answer)
- The government must certify the chain of title
- The surveyor of record must testify as to boundary locations
Correct answer: The plaintiff must prove title by a preponderance of the evidence
A plaintiff in a quiet title action bears the burden of establishing their own title rather than relying solely on weaknesses in the defendant's claim.
Question 3: The term 'color of title' in adverse possession law refers to:
- A deed that has been recorded in color-coded survey maps
- A written instrument that appears to convey title but is defective in some legal respect (Correct answer)
- A title insurance policy that covers boundary disputes
- A court judgment establishing possessory rights
Correct answer: A written instrument that appears to convey title but is defective in some legal respect
Color of title is a written instrument — such as a defective deed — that gives the appearance of conveying title even though it is legally insufficient.
Question 4: When original PLSS corners cannot be found, the surveyor must establish a 'proportionate measurement.' This technique is based on the principle that:
- New measurements should use modern GPS accuracy standards
- Errors in original surveys are distributed proportionally among the original distances (Correct answer)
- The BLM must re-survey the area before any corners can be set
- Adjoining landowners must agree on corner placement
Correct answer: Errors in original surveys are distributed proportionally among the original distances
Proportionate measurement distributes the difference between the original record distance and the measured distance equally among the intervals being divided.
Question 5: A deed covenant that 'runs with the land' is enforceable against a subsequent purchaser who:
- Signed the original deed creating the covenant
- Takes title with actual or constructive notice of the covenant (Correct answer)
- Lives within 500 feet of the burdened parcel
- Is a party to the homeowners association agreement
Correct answer: Takes title with actual or constructive notice of the covenant
For a covenant to run with the land, the burden passes to successors only if they take with notice, there is privity of estate, and the covenant touches and concerns the land.
Question 6: Under the federal survey system, a 'closing corner' is a monument set at the point where:
- A section line meets a township exterior boundary that was previously established
- A meander line intersects a navigable waterway (Correct answer)
- A private survey intersects a federal reservation
- An independent resurvey terminates at an existing corner
Correct answer: A meander line intersects a navigable waterway
Closing corners are established where subdivisional lines of a township close on previously surveyed exterior boundaries, rather than at the intersection of two simultaneously run lines.
Question 7: The legal doctrine of 'estoppel by deed' prevents a grantor from claiming title to land that:
- Was described in a prior unrecorded deed
- The grantor did not own at the time of conveyance but subsequently acquired (Correct answer)
- Was subject to a prior mortgage lien
- Is located in a different county from the deed's recording location
Correct answer: The grantor did not own at the time of conveyance but subsequently acquired
When a grantor conveys land they do not yet own, and later acquires title, estoppel by deed (after-acquired title) passes that title automatically to the grantee.
RPLS Legal Principles 3
Which of the following best describes the legal effect of a 'senior patent' in the context of conflicting land grants?