Land Boundary Law

Front 1

6. Which of the following conditions is essential for the execution of a valid deed?
(A) The deed must be recorded.
(B) There must be a perambulation of the boundary.
(C) It must be sealed with a stamp specified by the laws of the state.
(D) It must have a written or printed form.

Back 1

Solution: The only condition that is essential is the written or printed form. "The others may occur, but are not necessary in all cases. For example, a valid consideration must be exchanged between the grantee and the grantor, but that consideration need not be money.

Answer is (D)

Front 2

71. Generally, a land surveyor appearing as an expert witness may expect the initial questions to involve which of the following?

(A) The surveyor's relationship with the defendant
(B) The name of the client and the nature of the work done
(C) Opinions on the issues before the court that contradict those expressed by the surveyor
(D) The surveyor's qualifications and experience

Back 2

Solution: In order to establish the credibility of the testimony, the initial questions commonly pertain to the surveyor's experience and qualifications.

Answer is (D)

Front 3

70. Which of the following statements describes something a surveyor should not do while testifying as an expert witness before the court?

(A) Examine pertinent maps, field notes, and photographs
(B) Discuss opposing viewpoints regarding the questions at issue
(C) Answer hypothetical questions
(D) Offer to answer the ultimate question of the case before the court

Back 3

Solution: A decision on the central question of the case is the exclusive purview of the court, not the expert witness.

Answer is (D)

Front 4

2. When the public good is involved and adequate compensation is offered, pri property may be taken for public use under what principle?

(A) Estoppel
(B) Entitlement
(C) Oyer
(D) Eminent domain

Back 4

Solution: Eminent domain is considered to be the assumption of dominion over private property by the state. It is one of the few limitations on a fee simple

Answer is (D)

Front 5

62. Title to land may be gained or lost by the action of water. What sort of change may cause a riparian owner to gain land?

(A) Land built by accretion belongs to the riparian owner.
(B) Land deposited by avulsion belongs to the riparian owner where it was deposited.
(C) Land that becomes newly inundated with water belongs to the riparian owner.
(D) Both A and B are true.

Back 5

Solution: Even if the state is considered to own the bed of a stream, in most jurisdictions the riparian owner may nevertheless acquire land by accretion. The alluvium that is gradually deposited by the natural action of water is gained by the owner of the land to which it attaches.

Answer is (A)

Front 6

61. Which of the following terms most accurately describes the rights along the shore of a pond, lake, or sea?

(A) Riparian
(B) Batture
(C) Thweat
(D) Littoral

Back 6

Solution: Littoral is the word most often used to describe rights associated with water that is not flowing. The word usually pertains to the seashore, but is also used regarding lakes and ponds.

Answer is (D)

Front 7

50. Mr. Holland sold the east 325 ft of the Fairview Tract to Mr. Clark by deed dated Oct. 12, 1988. Mr. Holland then sold the west 325 ft, of the Fairview Tract to Mr. Brown by deed dated Jan. 29, 1990.

A new survey finds that the distance between the SW and SE corners of the Fairview Tract is 645.00 ft.

What distance should be measured from the SW corner of the Fairview Tract to establish the SE corner of Mr. Brown's property?

(A) 323.00 ft
(B) 324.50 ft
(C) 330.00 ft
(D) 320.00 ft

Back 7

Solution: Mr. Clark has senior rights and receives the east 325 ft. Mr. Brown receives the remaining 320.00 ft. Proportionate measure is not applicable in such circumstances

Answer is (D)

Front 8

26. Under which conditions is a person immune from claims of adverse possession?

(A) Lack of knowledge that property is being occupied by others
(B) Insanity
(C) Being underage
(D) Both B and C

Back 8

Solution: The premise of open and notorious possession is that the record owner should know that the property is being occupied by others. Insanity and being underage are recognized as disabilities (along with conviction to prison, in most jurisdictions).

Answer is (D)

Front 9

ORDER OF CALL AND THE PRIORITY OF MONUMENTS

72. Which of the following elements that can control the location of land boundaries is usually considered the most important when found to be in conflict with the others?

(A) A senior right of possession
(B) A call for an adjoiner
(C) A call for an artificial monument
(D) An unwritten right of possession

Back 9

Solution: Generally, an unwritten right of occupancy that has duly ripened into a legal right is considered superior to all others, including senior rights and writings. However, it is difficult for a right of occupancy to so ripen.

Answer is (D)

Front 10

33. Which of the following will not extinguish an easement appurtenant that was acquired in writing?

(A) Overburdening
(B) Combination of the tenements in one proprietor
(C) Written intent to abandon
(D) Revocation by the grantor

Back 10

Solution: All the answers except (D) will extinguish an easement because a written easement is not a revocable right in property.

Answer is (D)

Front 11

75. Monuments sometimes cannot be conclusively proved or disproved. In such circumstances, a monument may be accepted by reputation. What is the term used to describe such a monument?

(A) A monument of common report
(B) A monument by informative evidence
(C) A defective monument
(D) A reversionary monument

Back 11

Solution: A monument of common report is one that is supported by hearsay evidence. The acceptance of such a monument can only be considered reasonable when the monument cannot be conclusively proved or disproved by any other means. In other words, it should be a rule of last resort.

Answer is (A)

Front 12

23. Several doctrines such as adverse possession and recognition and acquiescence may, through various means, become fee interests. Which statement correctly represents the priority of these unwritten rights in the order of importance of conflicting title elements?

(A) Unwritten rights overcome rights that have arisen from deeds.
(B) All claims of property through unwritten means can only be successful against property owned by a government entity.
(C) No land can be possessed by adverse means once Torrens registration has been acquired on that property.
(D) Both A and C are true.

Back 12

Solution: Answer (B) is definitely untrue because government and quasi-government entities are generally held immune to any claims by unwritten means. However, rights in property acquired by deed are inferior to successful claims through unwritten means. Registration in the Torrens title system is one way a property owner can protect by deed his property from future claims by such means.

Answer is (D)

Front 13

34. An implied easement arises from which of the following circumstances;

(A) A grantor mentions such an easement in the deed.
(B) Although unwritten, it is necessary for the reasonable use of the property
(C) A claimant acquires the easement right by long and continuous
(D) A common law dedication of a public street is omitted from a deed.

Back 13

Solution: This type of unwritten easement most frequently arises when a grantor sells a portion of his property without mentioning an easement that is clearly required for the reasonable use of the parcel sold. Even though the deed makes no reference to the easement, it is presumed to exist by implication.

Answer is (B)

Front 14

7. Which of the following is a revocable right in real property?

(A) An easement
(B) A license
(C) Alien
(D) An escheat

Back 14

Solution: A license, such as a privilege to enter, is nonpossessory and revocable. One of the salient differences between a license and an easement is the license's revocability.

Answer is (B)

Front 15

59. Which of the following terms best describes the deepest or most navigable part of a river channel?

(A) The mean high water mark
(B) The thread
(C) The batture
(D) The thalweg

Back 15

Solution: The line connecting the lowest part of a valley and the deepest part of a river is known as the thalweg. The term is also used to denote the middle of the main navigable channel.

Answer is (D)

Front 16

64. A particular navigable stream has been meandered; the meander line has been in place for 75 years. Recently, the amount of water flowing through the channel of the stream has gradually decreased from natural causes. All indications are that the reduction in the flow is permanent. The riparian owner abutting the stream on one side has asked the surveyor to tell him where his boundary along the stream now falls. What should the surveyor tell him?

(A) The riparian owner holds to the same meander line that he has for the last 75 years.
(B) The riparian owner most likely holds to the thread of the stream.
(C) The riparian owner holds to the original mean high water line that was established before the stream shrank.
(D) The riparian owner most likely holds the newly relicted land.

Back 16

Solution: In the majority of jurisdictions the riparian owner holds the relicted land to the new mean high water line. He does not hold to the old or a new meander line. Meander lines are not intended to be property boundaries.

Answer is (D)

Front 17

WATER BOUNDARIES

54. Which of the following statements regarding reliction is not correct?

(A) Reliction is the uncovering of land by the recession of water.
(B) Reliction is the sudden and permanent withdrawal of a sea, river, or lake.
(C) Reliction is also known as dereliction.
(D) Reliction is different from avulsion.

Back 17

Solution: Reliction is a slow and imperceptible recession of water and the attendant uncovering of the land once submerged. The recession of the water must be permanent to be considered reliction.

Answer is (B)

Front 18

25. One of the following terms is very similar to adverse possession. It applies to rights acquired by continuous use of another's property that is open and notorious, hostile, and for a statutory period. However, it differs from adverse possession in the extent of interest that the adverse user acquires. Generally, it is an easement right rather than a title to the land itself. Which of the following terms describes such rights?

(A) Easement in gross
(B) Negative easement
(C) Dedication
(D) Prescription

Back 18

Solution: While it frequently has a larger meaning, prescription is the term most often applied to nonownership rights. Adverse possession, however, applies to the title to lands.

Answer is (D)

Front 19

35. An easement in which the owner of the servient estate is prohibited from building any structure over 100 ft high would be called which of the following names?

(A) A negative easement
(B) A quasi easement
(C) An easement of natural support
(D) A construction easement

Back 19

Solution: A negative easement has the effect of preventing an owner of land from doing something that he or she would otherwise be entitled to do.

Answer is (A)

Front 20

5. The term fee simple absolute describes a type of estate in real property. Which phrase defines the idea further?

(A) Subject to the condition that if something specified comes to pass, the
original grantor may reenter and retake the title.
(B) If the owner dies intestate, the title reverts to the original grantor.
(C) The title is valid for a specified period of time.
(D) The title is without limitations or conditions to the owner, his heirs, and
assigns.

Back 20

Solution: For all practical purposes, the fee simple absolute is the greatest available interest in real property.

Answer is (D)

Front 21

29. The term tacking is sometimes applied in cases of adverse possession. Which of the following best defines this term?

(A) Neglecting to assert a right to the land in question
(B) Seeking the permission of the record owner to occupy land
(C) Fencing the land in question
(D) Adding a claimant's time of possession together with another person's to satisfy the required statutory period

Back 21

Solution: Tacking, the adding together the time of occupation of more than one claimant is sometimes permitted in order to complete the statutory period.

Answer is (D)

Front 22

1. A grantor and grantee are in the closing stages of the transfer of real property third party holds a grant that will be delivered only when all of the conditions the transfer are complete. Which of the following terms describes the third party?

(A) A scrivener
(B) An escrow agent
(C) A disseisor
(D) A remainderman

Back 22

Solution: The grantor places the deed with an escrow agent to be held until all conditions of the sale contract are fulfilled.

Answer is (B)

Front 23

40. Which of the following statements is inconsistent with the definition of an easement?

(A) An easement is a fee interest in land.
(B) An easement is defined for specific uses.
(C) An easement is a nonpossessory interest in land.
(D) The owner of an easement appurtenant has an easement over the land of another.

Back 23

Solution: An easement is a nonpossessory interest in the land of another, and as such cannot be considered a fee interest in land.

Answer is (A)

Front 24

27. A person may lose property he might otherwise own if a court finds that he acquired it by implying a boundary to be correct when he knew, at the time, that it was wrong. Which of the following terms applies to this situation?

(A) Quiet title
(B) Estoppel
(C) Laches
(D) Acquiescence

Back 24

Solution: If a person becomes injured by relying on a boundary because of the assurances of someone he had reason to believe spoke with authority, the doctrine of estoppel may become involved. The relied upon person may be estopped from any gain he enjoyed if he had knowledge of the truth and did not reveal it.

Answer is (B)

Front 25

37. Which statement correctly defines the difference between a common law dedication and a statutory dedication?

(A) A common law dedication of a street can occur without writing or a map, while statutory dedications do not.
(B) A common law dedication generally conveys an easement to the public, while statutory dedications convey a fee.
(C) A statutory dedication is always formally accepted by the government; common law dedications are accepted by public use only.
(D) Both B and C are true.

Back 25

Solution: Generally, a statutory dedication is accomplished with the filing of a map that shows the areas dedicated for public use. A common law dedication requires no map or writing and grows from the intention of the owner, indicated by words or acts, to dedicate the land for public use. Both types of dedications may be formally accepted. Common law dedications generally convey an easement right to the public statutory dedications may or may not convey a fee.

Answer is (A)

Front 26

32. Which statement correctly defines the difference between an easement appurtenant and an easement in gross?

(A) An easement appurtenant is an interest in the land of another; an easement in gross is not.
(B) An easement in gross is attached to the person of the easement holder; an easement appurtenant is not.
(C) An easement appurtenant passes with the transfer of the land to which it is attached; an easement in gross does not.
(D) Both B and C are true.

Back 26

Solution: An easement appurtenant is attached to the land. An easement in gross, on the other hand, is attached to the person or corporation that holds it.

Answer is (D)

Front 27

60. Which of the following statements concerning meander lines is true?

(A) A meander line defines the property boundary of the upland owner abutting a navigable waterway, unless there are specific legal provisions to the contrary.
(B) A meander line established during a public land survey was intended to follow the mean high water mark.
(C) When the bank of a navigable river shifts, the meander line shifts with it.
(D) Nonnavigable bodies of water were not meandered during the public land surveys.

Back 27

Solution: The meander lines established by public land surveys were intended to follow the mean high water line and were not intended to establish the legal boundaries of the abutting upland owners.

Answer is (B)

Front 28

43. The exact width of streets as shown on a duly recorded subdivision plat governs their location. Except where original monuments set by the original surveyor indicate otherwise, an excess or deficiency in the measurement of adjoining blocks should not be absorbed in the public way. Which of the following statements regarding this principle is correct?

(A) The principle is seldom true. Streets and alleyways should receive a proportional part of any excess or deficiency discovered between original monuments.
(B) The principle is never true. The courts will not uphold such a procedure.
(C) The principle is correct in most circumstances.
(D) The principle can only apply where the centerlines of paved streets coincide with the centerline of the right of way.

Back 28

Solution: The weight of most common law supports the idea that proportionate measurement should not be used to determine the width of rights of way. Infrequently, index corrections are used in reestablishing streets, but these are exceptions to the rule.

Answer is (C)

Front 29

58. Which of the following terms applies to land formed by sediment laid down by the action of water, such as that resulting from a slowing of the current of a stream or river?

(A) Accretion
(B) Ambit
(C) Littoral
(D) Alluvium

Back 29

Solution: The action that causes the building of land along a water boundary is known as accretion. The land built by such action is known as alluvium.

Answer is (D)

Front 30

77. A deed describes a lot that is shown on a recorded plat showing 1 in. iron pipe monuments set at each corner. However, the description in the deed makes no mention of the iron pipe monuments and describes the boundary lines only by bearings and distances. If a surveyor retracing the boundary finds some of the original 1 in iron pipe monuments in positions that do not agree with the measured bearings and distances in the deed, which evidence should yield, and why?

(A) If the surveyor is convinced that the 1 in iron pipe monuments are undisturbed, the bearings and distances should yield.
(B) The 1 in iron pipe monuments should yield since they are not called for in the deed description and were only shown on the plat.
(C) Even if the surveyor is convinced that the 1 in iron pipe monuments have not been disturbed, the bearings and distances must be considered the best evidence of the original position of the boundary, since the deed is the instrument of the conveyance, not the plat.
(D) If the surveyor is convinced that the 1 in iron pipe monuments are undisturbed and the parties to the deed acted with reference to the plat, the bearings and distances should yield.

Back 30

Solution: The 1 in iron pipe monuments should be held as controlling if the parties to the deed acted with specific reference to the plat. If the deed mentions the plat in the writings, the plat becomes part of the deed, and the monuments may then be said to have been called for. If they are undisturbed, called for, and identifiable, they are superior to the informative bearings and distances.

Answer is (D)

Front 31

73. Between two private owners of sequential conveyances, which of the following would most likely control if their deeds contain conflicting elements?

(A) A call for a particular distance along a boundary
(B) A call for a particular direction along a boundary
(C) A call for a specific acreage
(D) A senior right

Back 31

Solution: The junior deed will generally yield to the senior deed where there are no unwritten rights of possession. The seniority of one deed over another will overcome all other conflicts between the two deeds in most situations.

Answer is (D)

Front 32

4. Which of the following terms includes unpaid taxes, mortgages, easements, leases, and liens?

(A) Pedis positio
(B) Escheat
(C) Disseisin
(D) Encumbrances

Back 32

Solution: In real property, an encumbrance is a right or interest in the land of another that diminishes its value, but not to the extent that the land cannot be sold.

Answer is (D)

Front 33

57. Which of the following terms applies to the action of water gradually building up sand and soil and the subsequent formation of firm ground?

(A) Revulsion
(B) Dereliction
(C) Erosion
(D) Accretion

Back 33

Solution: Accretion is the gradual and imperceptible process of building up new land by the action of water.

Answer is (D)

Front 34

The following three problems refer to the Fairview Tract, described as follows.

Mr. Holland owns a parcel of land known as the Fairview Tract. The Fairview Tract has been platted and recorded as a square parcel, with each side 650.00 ft long and oriented in a cardinal direction. No improvements have been made, but the parcel has been surveyed and its four corners monumented. The monuments are still in place.

49. Mr. Holland sold the east 325 ft of the Fairview Tract to Mr. Clark by deed dated Oct. 12, 1998. A year later, Mr. Holland sold to Mr. Brown the west 325 ft of the Fairview Tract, described as extending to the west line of Mr. Clark's property.

A new survey finds that the distance between the SW and SE corners of the Fairview Tract is 655.00 ft.

What distance should be measured from the SW corner of the Fairview Tract to establish the SE corner of Mr. Brown's property?

(A) 325 00 ft
(B) 327.50 ft
(C) 330.00 ft
(D) 325.50 ft

Back 34

Solution: Proportionate measurement has no place in the solution of this situation. Senior and junior rights are the deciding factors. Mr. Clark's property is senior to Mr. Brown's. If no lines of possession are involved, Mr. Clark would receive the east 325 ft. Mr. Brown's deed calls for Mr. Clark's property as an adjoiner, so the weight of court opinion would hold that Mr. Brown would acquire the remaining 330.00 ft of the Fairview Tract.

Answer is (C)

Front 35

17. The intentions of the parties are considered to be the controlling consideration in construing the terms of a deed. Which of the following limits this principle?

(A) To the extent that the intentions can be understood from the language of the instrument itself

(B) As clarified by testimony

(C) Regardless of contrary words in the deed

(D) Unless contradicted by survey measurements

Back 35

Solution: If the language of a deed is unambiguous under the rules of construction brought to bear by the court, evidence of a contrary intent is often considered immaterial. The intent that prevails is the intent expressed in the written language of the deed.

Answer is (A)

Front 36

15. A call for an adjoiner is sometimes given which of the following names?

(A) Dominant tenement
(B) Reservation
(C) Record monument
(D) Tacking

Back 36

Solution: An adjoining property, whether marked by physical monuments or not, becomes a record monument when called for in a description of property. It is important to note that the entire adjoining property, and not merely the coincident line, constitutes the record monument.

Answer is (C)

Front 37

51. Mr. Holland sold the east 325 ft of the Fairview Tract to Mr. Clark and the west 325 ft to Mr. Brown by the same deed dated July 2, 1998. The distance measured between the SW corner and the SE corner of the Fairview Tract is 658.24 ft. What distance should be measured from the SW corner of the Fairview Tract to establish the SE corner of Mr. Brown's property?

(A) 329.12 ft
(B) 333.24 ft
(C) 325.00 ft
(D) 322.23 ft

Back 37

Solution: Proportionate measurement is appropriate in this situation. The critical factor is the simultaneous execution of the deeds to Mr. Brown arid Mr. Clark. They each will receive half of the measured frontage: 329.12 ft.

Answer is (A)

Front 38

TESTIMONY

67. The testimony of a licensed land surveyor is generally held by courts to be expert. What distinction is afforded such testimony?

(A) Expert testimony need not be given under oath.
(B) Expert testimony normally gives the surveyor more latitude to express opinions.
(C) Expert testimony is not permitted in trials before a jury
(D) Both A and B are true.

Back 38

Solution: The expression of opinion is generally more restricted in testimony that is not considered expert.

Answer is (B)

Front 39

55. Which of the following rights is related to the bank of a stream, river, or other body of flowing water?

(A) Reversionary rights
(B) Littoral rights
(C) Meander rights
(D) Riparian rights

Back 39

Solution: Along streams and rivers, abutting owners are entitled to riparian rights, which originated in common law. The precise nature of these rights varies from jurisdiction to jurisdiction, but is generally related to the use of the water, as well as the banks and bed, of a stream.

Answer is (D)

Front 40

63. Title to land may be gained or lost by the action of water. What sort of change may cause a riparian owner to lose land?

(A) Title to land that is cut off from a riparian owner by the sudden shift of the channel of a river is lost by that owner.
(B) Land that is gradually eroded or submerged is lost by the original riparian owner.
(C) Relicted land is lost to the original riparian owner.
(D) Both A and C are true.

Back 40

Solution: A riparian owner may lose title to land that gradually becomes eroded or permanently inundated with water. lf the change is sudden, however, the title will not change.

Answer is (B)

Front 41

PROPORTIONMENT

41. Proportionate measurement may be described as an even distribution of a discovered excess or a deficiency of measurement to all parts of an established line. This procedure can be further defined by which of the following statements

(A) The method should only be used in the resolution of conflicts between junior and senior property rights.
(B) The method should only be applied to the reestablishment of obliterated corners in the Public Land Surveying System.
(C) The method is best applied where the original monumentation called for on the plat of a subdivision is found at every lot corner, and the retracement survey measurements agree with the platted dimensions.
(D) The method is usually applied to parcels created simultaneously where original monumentation definitely has been lost.

Back 41

Solution: Proportionate measurement is a last resort in the restoration of lost monumentation where no parcel has priority over any of the others under consideration.

Answer is s (D)

Front 42

79. In retracing a particular boundary, a surveyor found three monuments that all purported to stand for the same corner. One of the monuments fell at the bearing and distance called for in the client's deed. Another was precisely the monument called for in the deed. However, both of these monuments caused his client's property to overlap the neighbor's property. Finally, the third monument found was called for in the neighbor's deed. If the neighbor's adjoining deed is senior to the client's deed, which of the following statements is correct?

(A) The monument called for in the adjoining senior deed is superior to the other two and should be controlling.
(B) The monument that is in harmony with the bearing and distance recorded in the client's deed is the correct location for the corner.
(C) The monument called for in the client's deed is superior to the other two, even if it does not fall at the bearing and distance recorded in the deed description.
(D) None of the monuments described should be controlling. The surveyor should harmonize the calls and set the monument at the best fit based on all of the evidence available.

Back 42

Solution: The senior right of the adjoining deed should not be violated. The monument called for in the senior deed is most likely the correct position.

Answer is (A)

Front 43

74. Which of the following elements that can control the location of land boundaries is usually considered the least important when found to be in conflict with the others?

(A) A call for distance
(B) A call for an artificial monument
(C) A call for a survey
(D) The area of the property described

Back 43

Solution: The area described in a deed is usually considered the least specific element of the title and therefore the least locative.

Answer is (D)

Front 44

38. Which of the following describes a situation in which an easement right cannot, arise'?

(A) Easements can be created to protect a property's access to sunlight.
(B) A way of necessity may be created when property is conveyed without any access.
(C) Easements can arise by estoppel.
(D) An easement can be acquired by adverse possession.

Back 44

Solution: All the statements may produce easement rights except the one re adverse possession. Adverse possession, where successfully claimed, pro a, fee simple absolute, not an easement, in most jurisdictions.

Answer is (D)

Front 45

16. The four corners rule is sometimes used in the interpretation of ambiguous deeds. Which statement best characterizes this rule?

(A) The granting clause may not be repugnant to the habendura clause.

(B) The deed description must contain clear reference to all corners of the property being conveyed.

(C) The intention of the grantor must be gathered from the language of the whole instrument rather than from separate clauses.

(D) The location of boundaries is a question of fact, but the nature of bound is a question of law.

Back 45

Solution: The four corners rule has supplanted, to a large degree, the repugnancy doctrine. The four corners rule relies upon the entire instrument for the construction of its meaning. Formerly, some jurisdictions relied upon the idea that earlier language in a deed could not he contradicted by later language in the same instrument.

Answer is (C)

Front 46

30. Which of the following elements is not required of a claimant to title by adverse possession?

(A) Hostility
(B) Open and notorious possession
(C) Possession for the statutory period
(D) Color of title

Back 46

Solution: While color of title may shorten the length of the statutory period, it is not generally held as a requirement for a successful claim of adverse possession.

Answer is (D)

Front 47

22. Mr. Zambezi engaged a surveyor to stake the boundary of a parcel of land. He told the surveyor that he had adversely possessed the parcel for the past 11 years. The Surveyor asked him if he had occupied the land under color of title. Mr. Zambezi answered yes and produced a letter that the abutting owner, Kevin wrote to him 7 years ago, in which Mr. Wannamaker stated that Mr. Zambezi was on his property and gave him permission to be there. What should the surveyor tell Mr. Zambezi?

(A) There is no ill will between the parties, so no adverse possession is possible.
(B) The letter does not constitute color of title, and therefore Mr. Zambezi's possession must continue another 11 years.
(C) A Surveyor cannot survey land that has been stolen.
(D) Possession by permission of the record owner cannot ripen into adverse possession.

Back 47

Solution: Adverse possession is possession that is hostile to the interests of the record owner. Permission given by the owner to Mr. Zambezi not only calls into question the hostility of the latter's claim, but also shows that Mr. Zambezi recognizes Mr. Wannamaker's proprietorship.

Answer is (D)

Front 48

69. A surveyor has been hired as an expert witness in an action to quiet title and will be paid a fee. Which of the following would be inappropriate?

(A) The surveyor is asked the amount of the fee during cross examination.
(B) The court, has fixed the amount of the fee.
(C) The fee includes compensation for the surveyor's travel and lodging expenses.
(D) All of the above are appropriate.

Back 48

Solution: All of the aspects of the fee listed are entirely proper. It would be improper for the amount of the surveyor's fee to depend on the final decision of the court. The attorney performing the cross examination has the right to ask the surveyor about the fee.

Answer is (D)

Front 49

19. Which statement best describes joint tenants?

(A) They can individually vest their interests in their own heirs and devisees.
(B) They have acquired their interests from the same conveyance.
(C) They can, upon the death of the other or others, acquire the interest left vacant at length to the last survivor.
(D) Both B and C are true.

Back 49

Solution: Unlike tenants in common, joint tenants do not hold an undivided interest in the property. They cannot devise their part to their heirs; rather, upon the death of a joint tenant, the survivors acquire the interest.

Answer is (D)

Front 50

14. An inconsistency in an instrument that is not on its face and generally can be cured by outside evidence is given what name?

(A) Patent ambiguity
(B) Dormant obscurity
(C) Hearsay
(D) Latent ambiguity

Back 50

Solution: Unlike a patent ambiguity, which appears on the face of a deed, a latent ambiguity appears only in the light of information outside the deed itself. A court will generally allow a latent ambiguity to be cured by testimony, unlike a patent ambiguity.

Answer is (D)

Front 51

12. Which statement is true about a deed?

(A) A deed is proof of ownership of real property.
(B) A deed is the only legal method of conveying real property.
(C) A deed must be signed by the grantee to be valid.
(D) A deed must have sufficient and legal words in its description of the property.

Back 51

Solution: A deed is evidence of, but not proof of, ownership. A deed is only one of several legal methods by which title to real property may be conveyed. It need not be signed by the grantee or the county clerk, but it must be signed by the grantor to be valid. A deed must have sufficient and legal words.

Answer is (D)

Front 52

24. One necessary aspect of an adverse claim, sometimes said to be the essence of adverse possession, does not imply ill will. However, it indicates that the claimant denies all other claims on the property, including those of the actual owner. Which of the following terms describes this aspect of adverse possession?

(A) Open and notorious possession
(B) Color of title
(C) Hostile possession
(D) Continuous possession

Back 52

Solution: Hostility in cases of adverse possession is generally manifested by such things as the erection of fences. The intent to claim and defend ownership against all others constitutes hostility in such circumstances.

Answer is (C)

Front 53

31. Gonzaga Street has not been used for 40 years. All evidence of pavement and curbs has vanished. While it still shows up on old plats of the town, the street has generally been forgotten. Essie Palisco wants her surveyor to tell her if she may extend her begonia garden into the old right of way without reproach. What advice might apply?

(A) An easement can be extinguished by nonuse for 5 years.
(B) The property within the right of way generally reverts to the fee owners adjoining it when the right of way is no longer used.
(C) The right of way is not extinguished unless the town has done so by an official act, even if the street has been out of use for 40 years.
(D) Mrs. Palisco's flowers should not extend beyond the old centerline, which belongs to her neighbor across the street.

Back 53

Solution: A right of way is not extinguished by mere nonuse. The town must officially declare it abandoned or discontinued for the right of way to be truly extinguished.

Answer is (C)

Front 54

21. Which statement correctly describes the difference in two doctrines regarding practical location of boundaries?

(A) Recognition and acquiescence differs from a parol agreement in that the former rests on an implied agreement and the latter on an actual agreement.
(B) Equitable estoppel requires that one party have knowledge of the true location of the boundary, whereas recognition and acquiescence requires that both parties be uncertain of the true location of the boundary.
(C) Establishment of a property line by a property line agreement in a location other than that described in the deed is a violation of the Statute of Frauds, but equitable estoppel is not a violation.
(D) Both A and B are true.

Back 54

Solution: None of the doctrines mentioned is a violation of the Statute of Frauds. The practical location of boundaries is not seen as changing established property lines by unwritten means, but rather as a clarification of their location when it is unknown to the parties involved, in most cases.

Answer is (D)

Front 55

56. Avulsion is best defined by which of the following statements?

(A) Avulsion is the process that gradually builds up alluvion.
(B) Avulsion is the rapid erosion of a shore.
(C) Avulsion is the sudden removal of land from one owner and its addition to the land of another owner by the action of water.
(D) Both B and C are true.

Back 55

Solution: Avulsion is a sudden, perceptible loss or addition of land caused by the action of water. An example of avulsion is when a river suddenly breaks its banks and forms a new channel, thereby cutting off a large portion of land.

Answer is (D)

Front 56

66. Coastal areas that experience one high tide and one low tide during a tidal day are said to have what type of tides?

(A) neap tide
(B) Retrograde tide
(C) Diurnal tide
(D) Semidiurnal tide

Back 56

Solution: A diurnal tide is one that recurs daily. Along the Atlantic coast, the two daily high tides and two daily low tides are much alike and are called a semidiurnal tide.

Answer is (C)

Front 57

13. Why is an ambiguity in a deed generally construed in favor of the grantee?

(A) The court presumes that the grantor was responsible for the language of the deed.
(B) The grantee does not sign the deed.
(C) Grantees have no title insurance.
(D) An ambiguous deed is void

Back 57

Solution: Occasionally, courts hold an ambiguous deed against the grantee in cases involving oil leases, for example. Generally, the grantor is presumed to have been responsible for the wording of the instrument. It is therefore considered equitable to hold any patent ambiguity against the grantor.

Answer is (A)

Front 58

68. A land surveyor may take testimony. In which of the following situations may a licensed land surveyor find such authority useful?

(A) The establishment of the age of a fence
(B) The drafting of a property line agreement between adjoining land owners
(C) Establishing the priority between two conflicting corner monuments
(D) A, B, and C

Back 58

Solution: It would not be useful to attempt to resolve a patent ambiguity in the language of a deed with testimony. Since a contradiction cannot normally be cured by testimony.

Answer is (D)

Front 59

11. There is one category of deed that does not imply that the grantor has title to the property, yet does pass any title the grantor may have. The grantor of such a deed will defend against any defects in that title that may have arisen through him, but not through others. What is the name of this type of deed?

(A) Quitclaim deed
(B) Warranty deed
(C) Grant deed
(D) Agreement deed

Back 59

Solution: The quitclaim deed acts like a release. It conveys any interest the grantor may have, though the grantor may, in fact, have none at all.

Answer is (A)

Front 60

3. What type of evidence is usually not admissible in court to cure a patent ambiguity in an instrument?

(A) Parol evidence
(B) Evidentia
(C) Ewage
(D) Parole evidence

Back 60

Solution: Spoken evidence, or parol evidence, is not usually admissible in court to cure a patent ambiguity in a deed because it would violate the Statute of Frauds.


Answer is (A)

Front 61

65. To accurately determine mean high tide, how long must a given station be monitored?

(A) I year
(B) 19 years
(C) 6 months
(D) I week

Back 61

Solution: A full 18.6 years is required for the relative positions of the sun, moon, and earth to be repeated. This tidal cycle is often rounded off to 19 years. To obtain the correct mean high tide at a given station, that station should be monitored for the full period. However, such monitoring is normally not practical.

Answer is (B)

Front 62

42. In which of the following situations would the stated conditions definitely exclude proportionate measurement from the possible solutions?

(A) The discrepancy between a retracement and the record length of a line was found to be attributable to a mistake in its measurement.
(B) A deficiency is found in a block of a platted subdivision, but all required monumentation can be established by acceptable collateral evidence.
(C) Several parcels were created at various times by a common grantor.
(D) All of the above are true,

Back 62

Solution: Proportionment is not applicable to sequential conveyances. It should not be used to distribute excesses or deficiencies that are attributable to mistakes, and should always be a rule of last resort.

Answer is (D)

Front 63

10. Which of the following terms applies to a written instrument that appears to convey title to real property, but actually does not?

(A) Quitclaim deed
(B) Indenture
(C) Deed of gift
(D) Color of title

Back 63

Solution: An instrument that, despite its appearance to the contrary, conveys no title is said to show color of title. It cannot be so defective, however, that a person of ordinary capacity would be misled by it. Color of title has an effect in claims of adverse possession in most states. It can shorten the length of the required statute of repose when it is possessed by the claimant.

Answer is (D)

Front 64

9. Which term applies to the land over which an appurtenant easement passes?

(A) Dominant estate
(B) Incorporeal tenement
(C) Servient estate
(D) Fee tail

Back 64

Solution: The servient estate is subject to rights such as ingress and egress to the dominant estate. The dominant estate is served by the servient estate.

Answer is (C)

Front 65

18. Which phrase is a reversion?

(A) Land gradually uncovered by receding water
(B) A clause in a deed that excludes a portion of the estate that would otherwise pass
(C) Land described in a deed that is not owned by the grantor
(D) An interest that will return to the grantor after some lesser estate ends

Back 65

Solution: A reversion is the residue of an estate that remains with the grantor. This type of future interest usually relies on the occurrence or nonoccurrence of some specified event. For example, a life estate may revert to the grantor upon the death of the grantee.

Answer is (D)

Front 66

76. Which statement is most correct regarding the relative importance of measured distances as compared to measured directions when resolving conflicting title elements?

(A) Direction is superior to distance.
(B) Distance is superior to direction.
(C) There is no consistent rule regarding the relative importance of distance and direction.
(D) They are considered equally important.

Back 66

Solution: There is no consistent rule from jurisdiction to jurisdiction concerning whether distance should yield to direction or vice versa. In sectionalized lands, distances have generally been held as superior to direction, but in Texas and Kentucky, the opposite has generally been the case.

Answer is (C)

Front 67

20. Which statement is true of a general warranty deed?

(A) The grantor warrants the title only against acts of the grantor's own volition.
(B) The grantor limits the warranty to a five year period.
(C) The grantor must make good on the title if it is found lacking.
(D) Both A and B are true.

Back 67

Solution: Under a general warranty deed, the grantor is liable for any defects in the conveyed title, no matter when they occurred.

Answer is (C)

Front 68

78. What is the fundamental principle behind the preference for one title element over another? For example, why are found original monuments generally preferred over a call for the measured distance between the monuments when they are in conflict?

(A) The element that is least likely to be in error is considered controlling; those that conflict with it are considered merely informational.
(B) When a well known order of importance of conflicting title elements evolves over time in a region and is supported by a body of common law, such a ranking should be followed regardless of extrinsic evidence to the contrary.
(C) When the written elements of a deed description are superior to any other considerations as codified by the Statute of Frauds, all other conflicting evidence of title must be considered inferior.
(D) Both A and B are true.

Back 68

Solution: While common law does tend to support a particular ranking of conflicting title elements, such an order of importance should not be followed slavishly. Extrinsic evidence to the contrary should be considered. The written elements of a deed are important, but properly ripened unwritten rights may defeat them.

Answer is (A)

Front 69

8. When an owner dies without will or heir, the state becomes the proprietor under which feudal doctrine?

(A) Escheat
(B) Escobedo rule
(C) Massachusetts rule
(D) Loquela

Back 69

Solution: When no one is available to inherit the estate of a property owner who has died intestate, escheat is exercised. The property reverts to the state.

Answer is (A)