Fundamentals of Surveying Exam (FS) Boundary Surveying and Property Law Flashcards

24 sample cards from the Boundary Surveying and Property Law deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. What is an 'encumbrance' on title? Give examples.

   An encumbrance is any right or interest in land held by someone other than the owner that diminishes the property's value or restricts its use without preventing transfer. Examples: easements, liens, mortgages, deed restrictions/covenants, and tax assessments.

2. Define an easement and distinguish an easement appurtenant from an easement in gross.

   An easement is a right to use another's land for a specified purpose. An easement appurtenant benefits an adjoining parcel (dominant estate) and runs with the land. An easement in gross benefits a person or entity (e.g., a utility) rather than a parcel of land.

3. What is the doctrine of adverse possession and its common essential elements?

   Adverse possession lets an occupant gain title to land by possession that is Open, Notorious, Exclusive, Continuous, Hostile (without owner's permission), and Actual for the statutory period (often a memory aid: 'OCEAN' or 'ACHONE'). It must run for the statutory limitation period.

4. What is the doctrine of 'acquiescence' in boundary resolution?

   Boundary by acquiescence arises when adjoining owners, uncertain or in dispute about the true line, mutually recognize and accept a particular line (often a fence) as the boundary for a long period (frequently the statute-of-limitations period), making it the legal boundary.

5. What is 'practical location' (parol agreement) as a boundary resolution doctrine?

   Practical location establishes a boundary where adjoining owners, faced with an uncertain or disputed line, agree on a line and then occupy/improve up to it. The agreed line becomes binding even if it differs from the record line, especially after reliance and possession.

6. Define the doctrine of 'estoppel' as applied to boundaries.

   Boundary by estoppel arises when one owner, by words or conduct, induces a neighbor to believe a certain line is the boundary, and the neighbor reasonably relies on it to their detriment (e.g., builds improvements). The first owner is then estopped from later denying that line.

7. What is the difference between 'acquiescence' and 'adverse possession' as boundary doctrines?

   Acquiescence requires mutual recognition of a line by both owners over time and does not require hostile, exclusive possession. Adverse possession requires hostile, open, exclusive, continuous possession by one party against the record owner for the statutory period to transfer title.

8. What does PLSS stand for, and what is its purpose?

   PLSS stands for the Public Land Survey System (also called the Rectangular Survey System). It is the U.S. method, begun by the Land Ordinance of 1785, for subdividing and describing federal public-domain lands into a grid of townships, ranges, and sections.

9. In the PLSS, what are the principal meridian and the base line?

   The principal meridian is the primary north-south reference line, and the base line is the primary east-west reference line. Each PLSS survey is referenced to one initial point where its principal meridian and base line cross; townships and ranges are numbered from these lines.

10. In the PLSS, define a township in terms of its nominal size and composition.

    A standard township is a square nominally 6 miles by 6 miles, containing 36 sections. Its area is approximately $6 \times 6 = 36$ square miles ($23{,}040$ acres). 'Township' also refers to the north-south position in a tier relative to the base line.

11. Explain the difference between 'township' and 'range' designations.

    Township (T) numbers count tiers of townships north or south of the base line (e.g., T2N). Range (R) numbers count columns of townships east or west of the principal meridian (e.g., R3W). Together they locate a specific 6-mile-square township, e.g., T2N, R3W.

12. What is the nominal size of a standard PLSS section, and how many acres does it contain?

    A standard section is nominally 1 mile by 1 mile (one square mile) and contains approximately 640 acres. Since $1\text{ mile}=80\text{ chains}$, a section is $80\times80=6400$ square chains, and $6400/10=640$ acres.

13. How are the 36 sections within a township numbered?

    Sections are numbered in a boustrophedonic ('serpentine') pattern beginning with Section 1 in the northeast corner, running west to Section 6 in the northwest corner, dropping south and running east to Section 12, and so on, ending with Section 36 in the southeast corner.

14. Why are correction lines (standard parallels) and guide meridians used in the PLSS?

    Because meridians converge toward the north pole, township columns would narrow with latitude. Standard parallels (correction lines) and guide meridians periodically reset the survey so that convergence error is absorbed, keeping townships near their nominal 6-mile width.

15. In the PLSS, what is a 'government lot,' and when is it used?

    A government lot is an irregular subdivision of a section assigned a lot number instead of an aliquot fraction. It is used where the section cannot be regularly subdivided, e.g., along navigable water, state boundaries, or where convergence/closure produces fractional areas.

16. How is a section subdivided into quarter sections, and what is the area of each?

    A section is divided into four quarter sections (NE 1/4, NW 1/4, SE 1/4, SW 1/4) by connecting the opposite quarter-corner monuments on the section's sides. Each quarter section is nominally $640/4 = 160$ acres.

17. What is the area of a quarter-quarter section, e.g., the 'SW 1/4 of the NE 1/4'?

    A quarter-quarter section (e.g., SW 1/4 of the NE 1/4) is nominally $640 \times \frac{1}{4} \times \frac{1}{4} = 40$ acres. The 40-acre 'forty' is the standard smallest aliquot subdivision of a section.

18. How is the interior of a section legally subdivided, and which corners control?

    The section is subdivided by running straight lines between opposite corresponding quarter corners (and to the center of the section, the center quarter corner). The original section and quarter corners control; the center of the section is the intersection of the lines joining opposite quarter corners.

19. Where excess or deficiency exists in a section (e.g., along the north and west tiers), how is it distributed in subdivision?

    By statute, all excess or deficiency is placed in the lots (government lots / fractional quarter-quarters) along the north and west boundaries of the section. The interior sixteenth subdivisions are made full (nominal) dimensions, and the leftover goes to the outermost north/west subdivisions.

20. Distinguish an 'existent' corner, an 'obliterated' corner, and a 'lost' corner.

    Existent corner: its position is identifiable by the original monument or undisputed evidence. Obliterated corner: the original monument is gone, but its position can be recovered from collateral evidence (witnesses, fences, records). Lost corner: position cannot be determined from any acceptable evidence and must be restored by proportionate measurement.

21. What method is used to restore a 'lost' corner in the PLSS?

    A lost corner is restored by proportionate measurement, which distributes the difference between the original record distances and the remeasured distances proportionally among the intervening corners, honoring the original record proportions between known existent corners.

22. Define and give the formula concept for single proportionate measurement.

    Single proportionate measurement restores a lost corner along a single line between two known existent corners. The record distance to the lost corner is scaled by the ratio of the new measured total to the record total: $$d_{\text{restored}} = d_{\text{record}} \times \frac{L_{\text{measured}}}{L_{\text{record}}}.$$ It is used for standard township-line and section-line intermediate corners.

23. When is double proportionate measurement used, and what does it account for?

    Double proportionate measurement is used to restore an interior township/section corner common to four sections that is controlled by corners in two directions. It proportions the lost corner's position by measurements from existent corners both north-south and east-west, giving two coordinates that are then combined (with a corrective step) to fix the corner.

24. What is the order of priority of evidence when re-establishing a lost or obliterated corner, per the Manual of Surveying Instructions?

    Priority order: (1) the original monument itself (if existent), (2) collateral evidence such as bearing/witness trees, accessories, and physical objects called for, (3) testimony of witnesses with direct knowledge, and only when all fail, (4) proportionate measurement from the record. Restoration by measurement is the last resort.

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