Ch 11 Summary

Question 1

metes and bounds description

Answer 1

describes a parcel by describing the length and direction of each side of the property’s perimeter.

Question 2

Point of beginning

Answer 2

Every metes and bounds description must have a point of beginning, which may be a monument or make reference to a monument.

Question 3

A metes-and-bounds legal description:

a) can be made only in areas excluded from the rectangular survey system.
b) is not acceptable in court in most jurisdictions.
c) must commence and finish at the same identifiable point.
d) is used to define areas omitted from recorded subdivision plats

Answer 3

C

Question 4

The system of legal description that defines a parcel of land by its perimeter is the

a. geodetic survey.
b. rectangular survey.
c. lot and block system.
d. metes-and-bounds system

Answer 4

D

Question 5

All the following are true about a metes-and-bounds legal description EXCEPT:

a. it is only used in states west of the Mississippi River.
b. the point of beginning must be an identifiable landmark or monument.
c. it will have a series of calls in relationship to monuments.
d. the final call must return to the point of beginning.

Answer 5

A

Question 6

A lot with a depth of 80 feet and an area of 4,800 square feet was sold for $350 per front foot. What was the total sales price?

a. $21,000
b. $28,000
c. $31,800
d. $35,000

Answer 6

A

Question 7

The method of describing land by degrees, feet, and monuments is known as the:

a. angular system.
b. metes-and-bounds system.
c. rectangular survey system.
d. lots and blocks system.

Answer 7

B

Question 8

The best way to ensure that there are no encroachments and verify the boundaries of a parcel of land is to

a. personally inspect the property.
b. get a property survey.
c. locate the monuments.
d. verify the benchmarks.

Answer 8

B

Question 9

Which statement is TRUE regarding property description?

a. Street address is an adequate legal description for a sales contract.
b. Government rectangular survey method is most commonly found in the original thirteen colonies.
c. The use of the street address with a reference to a recorded plat description is a very acceptable legal description used in listing a residential property located in a subdivision.
d. Metes and bounds descriptions are most likely to have errors so are used as a last resort by surveyors.

Answer 9

C

Question 10

Which statement is TRUE regarding surveys?

a. A topographical survey shows the location of improvements on the parcel.
b. A locational survey shows the lay of the land or elevations.
c. Title insurance excludes many title defects from coverage if no property survey was completed.
d. Encroachments are discovered and disclosed by a survey.

Answer 10

C

Question 11

How many acres are contained in a rectangular land parcel that has a width of 175 feet and a depth of 685 feet?

a. 2.75 acres
b. 3.91 acres
c. 27.5 acres
d. 119.87 acres

Answer 11

A

Question 12

A farmer owns the W½ of the NW¼ of the NW¼ of a section. The adjoining property can be purchased for $300 per acre. Owning all of the NW¼ of the section would cost the farmer

a. $6,000.
b. $12,000.
c. $42,000.
d. $48,000.

Answer 12

C

Question 13

Which of the following terms is not associated with the rectangular survey method?

a. Monument
b. Township
c. Section
d. Range

Answer 13

A

Question 14

The final part of _______ description must conclude by returning to the point of beginning

Answer 14

Metes and bounds

Question 15

Common problems with land descriptions include

Answer 15

• incorrect or ambiguous descriptions, omissions from descriptions,
• disagreements between adjacent owners over boundary lines, and
• discrepancies between original survey lines and modern surveys.

Question 16

____ may be used to resolve a land description problem if the transferor of the property is willing to execute a new deed that contains the correct description.

Answer 16

Reformation

Question 17

Examining who is actually in ____ of the property is a potential solution to an unclear or incomplete land description.

Answer 17

Possession

Question 18

Acquiescence or agreement

Answer 18

A property’s boundary may be determined under the agreed boundary doctrine, in which the parties make an express or implied agreement as to where the boundary line is located.

The parties may put this into writing, in the form of a boundary line agreement.

Question 19

Doctrine of practical location

Answer 19

The doctrine of practical location states that if, at the time of a sale, the parties accept a marked boundary as the dividing line between properties, then that will be the boundary, even if it differs from the description in the deed.

Question 20

The easiest solution to a land description problem is usually _____

Answer 20

Reformation

Question 21

Any instrument that affects ownership or possession of real property can be recorded

Answer 21

Recorded documents

Question 22

Ex of recorded documents

Answer 22

deeds, 
land contracts, 
long-term leases, 
lis pendens, 
mechanic's liens, 
mortgages, and 
deeds of trust

Question 23

A written copy of the recorded document should be recorded in the county where the p A written copy of the document should be recorded in the county where the _____ is located

a) person
b) property

Answer 23

B) Property

Question 24

T/F: recoded documents never need to be acknowledged

Answer 24

False

Question 25

Recording provides _____ notice

a) actual
b) constructive

Answer 25

b) Constructive

Question 26

the legal presumption that a person knows a fact, whether or not she actually does

Answer 26

Constructive

Question 27

Recording is based on what system?

Answer 27

race-notice

Question 28

System where the first person to record a document (without having notice of any competing interest) is generally considered to have the superior claim

Answer 28

race-notice system

Question 29

An interest created later but recorded first may take priority if 1) _____ and 2) ____

Answer 29

1) the second party had no knowledge of the first interest

2) the 2nd party paid value for the property.