Principles and Practice of Surveying Exam (PS) Legal Principles, Boundary Law, and Property Surveys Syllabus

What is the controlling principle that overrides the mechanical order of priority of calls?

The INTENT of the parties. The order of priority is only a set of construction aids/presumptions used to discover intent; if the evidence shows a clear contrary intent, the ordinary priority yields to it.

Define senior and junior rights between adjoining parcels.

When a grantor conveys parcels in sequence, the earlier-conveyed (SENIOR) parcel takes its full described dimensions first; the later (JUNIOR) parcel takes only what is left, even if that means a deficiency or excess. 'First in time, first in right.'

How is an excess or deficiency distributed among lots in a junior/senior rights situation versus a simultaneous conveyance?

With sequential conveyances, senior parcels get their full measure and the junior parcel absorbs all excess or deficiency. With a SIMULTANEOUS conveyance (e.g., lots created at once on a single plat), excess or deficiency is distributed PROPORTIONALLY among the affected lots.

What is the rule of proration for distributing excess or deficiency in a simultaneous conveyance, expressed as a formula?

Each lot's corrected length equals its record length adjusted by the ratio of measured to record total: $$L_i' = L_i \times \frac{D_{measured}}{D_{record}}$$ where $L_i$ is the record dimension of lot $i$, and $D$ are the total measured and record distances between controlling monuments.

What is the 'dignity of monuments,' and which monument type holds the highest dignity?

Dignity of monuments ranks their evidentiary weight: NATURAL monuments (rivers, lakes, trees, rock outcrops) hold the highest dignity, followed by ARTIFICIAL/record monuments (set iron pins, stakes, marked corners, walls). Natural monuments are presumed most reliable because they are least likely to be moved or mistaken.

What is the difference between a 'found' (original) monument and a 'set' (replacement) monument in establishing boundaries?

An original monument set by the creating survey is the BEST evidence of the true corner location and controls even if not in its theoretically correct position. A set/replacement monument is only as good as the evidence used to position it; it must be placed by retracing the original survey.

State the parol evidence rule as applied to deeds.

When parties reduce their agreement to a complete written deed, prior or contemporaneous oral (parol) or written agreements cannot be used to contradict, vary, or add to the unambiguous terms of the writing. The deed is presumed to be the final, integrated expression of intent.

When may extrinsic (parol) evidence be admitted despite the parol evidence rule, in boundary disputes?

To explain (not contradict) a description: to resolve a latent ambiguity, to locate and identify monuments and calls on the ground, to show the parties' practical construction, or to prove fraud, mistake, or a separate collateral agreement. It applies the writing to the land but cannot rewrite an unambiguous deed.

List the classic common-law elements of adverse possession.

Possession that is (1) Actual; (2) Open and Notorious; (3) Exclusive; (4) Hostile/Adverse (under claim of right, without owner's permission); and (5) Continuous and uninterrupted for the full statutory period. Often summarized by the mnemonic OCEAN or 'Actual, Open, Notorious, Exclusive, Hostile, Continuous.'

What does 'hostile' mean in the context of adverse possession?

Hostile does not mean ill will; it means the possession is without the true owner's permission and inconsistent with the owner's title—i.e., the possessor occupies as if owner. Permissive use (with consent) can NEVER ripen into adverse possession.

What is 'tacking' in adverse possession, and what does it require?

Tacking allows successive adverse possessors to add their periods of possession together to satisfy the statutory period, provided there is PRIVITY (a continuous, connected transfer of possession, e.g., by deed, descent, or agreement) between the successive possessors.

What additional requirements do some states impose for adverse possession beyond the common-law elements?

Many states require the adverse possessor to pay the property taxes during the statutory period and/or to possess under 'color of title' (a defective written instrument purporting to convey the land). These can shorten the required period.

Define 'color of title' and its effect in adverse possession claims.

Color of title is a written instrument (deed, will, judgment) that appears to pass title but is legally defective. Possession under color of title often shortens the statutory period and supports 'constructive possession' of the entire tract described, even if only part is actually occupied.

Define the doctrine of boundary by acquiescence and its typical requirements.

Where adjoining owners treat a particular line (often a fence) as the boundary for a long period (frequently the statute-of-limitations period) with mutual recognition and acquiescence, that line becomes the legal boundary. Requirements: uncertainty/dispute or recognized line, occupation up to it, mutual acquiescence, and lapse of the required time.

Define boundary by parol agreement (oral agreement).

When adjoining owners are uncertain about the true boundary, they may orally agree to fix it at a definite line and then occupy up to it. Despite the Statute of Frauds, the agreed line is binding because it merely locates an existing boundary rather than conveying land. Requires genuine uncertainty, an agreement, and possession to the line.

Explain boundary by estoppel.

Boundary by estoppel arises when one landowner, by words or conduct, induces a neighbor to reasonably believe and rely on a certain line as the boundary, and the neighbor changes position (e.g., builds improvements) in reliance. The first owner is then estopped (barred) from later asserting a different line.

Compare the three 'agreement' doctrines—acquiescence, parol agreement, and estoppel—by their core triggering element.

Acquiescence: long-term mutual recognition of a line over time (time-based). Parol agreement: an express oral agreement to settle an uncertain line (agreement-based). Estoppel: detrimental reliance induced by one party's representation (reliance-based). All fix a boundary without a formal conveyance.

What is the doctrine of 'practical location' of a boundary?

An umbrella doctrine by which an uncertain boundary becomes legally fixed through the parties' own conduct—via express agreement, acquiescence over time, or estoppel—when they locate, mark, and occupy a line on the ground and treat it as the true boundary.

Define riparian rights.

Riparian rights are the rights of an owner of land bordering a flowing watercourse (river or stream) to reasonable use of the water and to access, and they include rights to the land between the bank and the water. They attach to land touching the watercourse.

Define littoral rights and contrast them with riparian rights.

Littoral rights belong to owners of land abutting a STATIC body of water—an ocean, sea, or lake—and include access and use of the shore. Riparian rights pertain to FLOWING water (rivers, streams). The distinction is moving watercourse (riparian) vs. standing water/tidal (littoral).

Distinguish the doctrines of accretion, reliction, erosion, and avulsion.

Accretion: gradual deposit of soil adding land (boundary moves, owner gains). Reliction: gradual withdrawal of water exposing land (owner gains). Erosion: gradual wearing away (boundary moves, owner loses). Avulsion: sudden, perceptible change (e.g., flood shifts a river)—the boundary does NOT move; it stays at the former location.

For non-navigable streams, where is the property boundary, and how does this differ for navigable waters?

For non-navigable streams, riparian owners typically hold to the THREAD (center line) of the stream—'ad medium filum aquae.' For navigable waters, title generally extends only to the ordinary high- or low-water mark, with the bed held by the state in public trust.

Define an easement and distinguish the dominant from the servient estate.

An easement is a nonpossessory right to use another's land for a specific purpose. The DOMINANT estate (or holder) benefits from the easement; the SERVIENT estate is the land burdened by it. An easement appurtenant requires both estates; an easement in gross benefits a person/entity, not a parcel.

Distinguish an easement appurtenant from an easement in gross.

An easement APPURTENANT benefits a particular parcel (the dominant estate), 'runs with the land,' and transfers automatically on sale. An easement IN GROSS benefits a person or entity (e.g., a utility) with no dominant estate; it is personal and historically not freely transferable (though commercial ones often are).

List the principal methods by which an easement can be CREATED.

(1) Express grant or reservation (in writing, satisfies Statute of Frauds); (2) Implication (from prior existing use upon severance); (3) Necessity (landlocked parcel); (4) Prescription (adverse, open, continuous use for the statutory period); (5) Estoppel; and (6) Dedication/condemnation.

What are the requirements for an easement by necessity?

(1) Unity of ownership of the dominant and servient parcels at one time (a single tract was severed); and (2) strict necessity at the time of severance—typically the parcel is landlocked with no legal access. The easement lasts only as long as the necessity exists.

What are the elements of an easement by prescription?

Use that is (1) open and notorious; (2) continuous and uninterrupted for the statutory period; (3) adverse/hostile (without permission); and (4) under a claim of right. It mirrors adverse possession except exclusivity is not required and it grants a USE right, not title.

List the principal methods by which an easement can be TERMINATED.

(1) Express release by the holder; (2) Merger (dominant and servient estates come under one owner); (3) Abandonment (intent plus act); (4) End of necessity (for easements by necessity); (5) Expiration of stated term; (6) Prescription/adverse use by the servient owner; (7) Estoppel; and (8) Destruction or condemnation.

Why can the doctrine of merger terminate an easement, and can the easement automatically revive if the estates are later separated?

Merger terminates an easement because one cannot hold an easement over one's own land—the unity of ownership extinguishes the separate burden and benefit. The easement does NOT automatically revive upon a later reconveyance; a new easement must be created.