Ch 11.2 Flashcards
elements needed to establish a boundary line under agreed-boundary doctrine
?
To establish a boundary line under the agreed-boundary doctrine, the following facts need to exist (3):
- ) uncertainty as to boundary’s exact location
- ) agreement btwn owners to set the boundary line and acquiescence to the boundary line for a period of at least 5 years; or
- ) substantial loss would be suffered due to a change in location of boundary line to the legally described location
agreed-to boundary which remains in place for > ______ years is binding on subsequent owners even though the recorded legal description is different.
5
An agreement to mark a boundary line may be in what forms (3)?
oral, written or result from the conduct of neighboring property owners.
The 5 categories of resolutions for lad disputes:
1) reformation
2) possession
3) agreement or acquiescence
4) Practical location doctrine,
5) Original government survey
The basic unit of the government survey method is the:
Township
___ 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
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.
Acquiescence / Agreement
The doctrine of _____ 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.
practical location
If a property is resurveyed and errors are found, the boundaries will still be based on the incorrect assumptions of the ____
Original govt survey
___ is used to establish land boundaries, prepare navigational maps, and develop engineering data for construction.
Surveying
Metes refers to ____
Distance
Bounds refers to
The direction to follow beginning from a starting point.
The description of the boundary lines is given in a_____ manner, starting and stopping from the point of beginning.
clockwise
north-south longitude lines
Principal meridians
east-west latitude lines
Base lines
______ lines are placed every twenty-four (24) miles from the principal meridian.
Guide meridian
Guide meridian lines run in what direction
North-south
Correction lines are placed every twenty-four miles form the _____
Base lines
Correction lines run in what direction?
East-west
A twenty-four-by-twenty-four mile grid created by the guide meridians lines and the correction lines:
Checks
____ lines are placed every six miles from the principal meridian.
Range
Range lines run in what direction
North-south
_____ lines are placed every six miles from the base line
Township
Township lines run in what direction?
East-west
Township lines are placed every ___ miles from the base line.
6
____ = The six-mile squares created by the intersection of the range lines and the township lines
Townships
Each township is identified with a ______ and _____ designation.
Township;
Range
Townships are indicated by a location north or south of the _____
baseline
range designations are indicated by their location east or west of the _____
principal meridian.
Each township is further divided into __#__ sections
36
Each section = # sq mile
1
1 sq mile = __#__ acres
640
Sections are numbered in serpentine fashion, starting at the upper ___ corner of the township and proceeding ____.
Right;
Left
Each section can be further divided into _____ acres.
Fractional
Any parcel of land smaller than a full section is identified by its position in the ______.
Section
The description of any parcel of land smaller than a full section is created by dividing the section into ___ and ___
Example: SE 1/4 of NE 1/4 of Section 15, Township 3 North, Range 3 East.
Quarters;
Halves
_____ Corrects a written legal description to conform to the original parties to the instrument.
Reformation
Three types of land description systems:
- Metes and bounds
- Subdivision plats
- Government survey systtem
_____ states that after a specified number of years have passed, a non-owner who has exclusively and continuously used and possessed a property may receive title to it.
Doctrine of adverse possession
Under the______, two neighbors may resolve a boundary dispute through an express or implied agreement.
Agreed boundary doctrine
The agreed boundary doctrine is limited to situations of _____
True uncertainty
Examples of _____ = when the legal records have been destroyed, or natural monuments have moved or disappeared.
True uncertainty
T/F: A boundary line agreement is binding on both the parties and all subsequent owners if it is put into writing, signed, and acknowledged.
True
A boundary line agreement should include a(n) ________and ______, and be recorded in the county where the property is located.
accurate legal description;
survey map
The doctrine of ________ applies when a property owner conveys part of his property to another party, marking the boundary between the parcels with a monument such as a fence or rock wall.
Practical location
T/F: Regarding the doctrine of practical location, If both parties accept the marked boundary, it will be binding on them and future owners, even if it differs from the legal description in the deed.
True
T/F: When errors are found as a result of consulting the original govt surveys, the court does not honor the original survey because the first surveyors worked under harsh conditions with older equipment, which frequently resulted in errors
False
When errors are found, however, the court normally attempts to honor the original government surveyor’s intent by maintaining the original boundary lines.
