Ch 11 Summary Flashcards
metes and bounds description
describes a parcel by describing the length and direction of each side of the property’s perimeter.
Point of beginning
Every metes and bounds description must have a point of beginning, which may be a monument or make reference to a monument.
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
C
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
D
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.
A
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
A
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.
B
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.
B
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.
C
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.
C
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
A
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.
C
Which of the following terms is not associated with the rectangular survey method?
a. Monument
b. Township
c. Section
d. Range
A
The final part of _______ description must conclude by returning to the point of beginning
Metes and bounds
Common problems with land descriptions include
- incorrect or ambiguous descriptions, omissions from descriptions,
- disagreements between adjacent owners over boundary lines, and
- discrepancies between original survey lines and modern surveys.
____ 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.
Reformation
Examining who is actually in ____ of the property is a potential solution to an unclear or incomplete land description.
Possession
Acquiescence or agreement
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.
Doctrine of practical location
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.
The easiest solution to a land description problem is usually _____
Reformation
Any instrument that affects ownership or possession of real property can be recorded
Recorded documents
Ex of recorded documents
deeds, land contracts, long-term leases, lis pendens, mechanic's liens, mortgages, and deeds of trust
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
B) Property
T/F: recoded documents never need to be acknowledged
False
Recording provides _____ notice
a) actual
b) constructive
b) Constructive
the legal presumption that a person knows a fact, whether or not she actually does
Constructive
Recording is based on what system?
race-notice
System where the first person to record a document (without having notice of any competing interest) is generally considered to have the superior claim
race-notice system
An interest created later but recorded first may take priority if 1) _____ and 2) ____
1) the second party had no knowledge of the first interest
2) the 2nd party paid value for the property.
