RPLS Legal Principles 3

Question 1

Which of the following best describes the legal effect of a 'senior patent' in the context of conflicting land grants?

Accepted Answer

The earlier-issued patent holds superior title and cannot be defeated by a subsequent patent for the same land

Answer

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?

Accepted Answer

The plaintiff must prove title by a preponderance of the evidence

Answer

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:

Accepted Answer

A written instrument that appears to convey title but is defective in some legal respect

Answer

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:

Accepted Answer

Errors in original surveys are distributed proportionally among the original distances

Answer

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:

Accepted Answer

Takes title with actual or constructive notice of the covenant

Answer

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.

(RPLS) Registered Professional Land Surveyor Practice Test

(RPLS) Registered Professional Land Surveyor Practice Test

RPLS Legal Principles 3