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Texas Surveying > Legal > Flashcards

Legal Flashcards

1
Q

Seniority of patents is determined by ?

A

date of survey

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2
Q

Seniority of private conveyances is determined by ?

A

date of delivery or conveyance to grantee. If recorded, use recording date. If not recorded, date of acknowledgement by grantor

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3
Q

To be valid, a description need only be locatable when?

A

time of conveyance

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4
Q

How is the conveyance of a fractional part of an existing tract defined (conveys 1/2 of a tract) ?

A

by area (1/2 of the area)

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5
Q

four parts of a description?

A
  1. General description (preamble or caption)
  2. Particular description
  3. qualifying clause (reserving..)
  4. augmenting clause (along with..)
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6
Q

Which parts of a conveyance are required by law?

A 
the description
the grantor and grantee
the interest conveyed
the conveyance intent
valuable consideration
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7
Q

What is the Statute of Frauds?

A

requires all conveyances of real estate to be in writing

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8
Q

What is required of a description to make it valid?

A

it must identify a unique parcel and be locatable

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9
Q

What are the two formats of descriptions?

A
  1. graphic description (recorded, pictorial representation of a tract or tracts by plat of map)
  2. all descriptions other than the graphic description
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10
Q

Four types of evidence?

A
  1. Written evidence - documentation found in public records
  2. Parol evidence - oral evidence or testimony
  3. Real evidence - material objects
  4. Judicial notice - facts which a competent court would be aware of
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11
Q

What is Judicial notice ?

A

facts which a competent court would be aware of, such as acts of nature, the true meaning of English words, other facts as established by law

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12
Q

What are the six general classifications of evidence?

A
  1. Indispensable
  2. Primary
  3. Secondary
  4. Direct
  5. Indirect
  6. Extrinsic
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13
Q

What is Indispensable evidence?

A

Evidence which must exist. (Since conveyances are required to be in writing, a deed is indispensable in claims of title)

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14
Q

What is Primary evidence?

A

Evidence which is most certain. (an original document is more certain than a copy)

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15
Q

What is “prima facie” ?

A

good on the face (appears good)

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16
Q

What is Secondary evidence?

A

used in lieu of unavailable primary evidence and is good until rebutted (prima facie evidence)(copy of deed)

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17
Q

What is Direct evidence?

A

testimony of a witness who observed an act

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18
Q

What is indirect evidence?

A

partial evidence given by a witness to prove a detached fact (testify that a particular marker was commonly used by a particular company)

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19
Q

What is extrinsic evidence?

A

evidence not contained in deed used to correct a latent ambiguity

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20
Q

latent ambiguity

A

…

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21
Q

patent ambiguity

A

…

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22
Q

what are the two categories of presumptions?

A
  1. conclusive

2. disputable

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23
Q

What is a conclusive presumption?

A

Facts that may not be disputed by contradiction or adverse evidence (that everyone knows the law is a conclusive presumption)

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24
Q

What is a disputable presumption?

A

Held true unless contradicted by evidence (if a letter is mailed, it is presumed that it will be delivered)

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25
Q

What is an Inference?

A

Logical conclusion made from other evidence (differs from a disputable presumption by permanent lack of evidence)

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26
Q

what is a preponderance of evidence?

A

that amount necessary to incline an impartial mind to one decision as opposed to another.

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27
Q

If the particular description is in conflict with the general description, which prevails?

A

the particular will control

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28
Q

when may a survey be used as evidence?

A

if it of public record or required by law

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29
Q

which surveyor’s surveys are usually of public record?

A

County Surveyors or Licensed State Land Surveyors

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30
Q

to be controlling, a monument must be ?

A

called for in the conveyance

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31
Q

How is seniority determined in public land surveys?

A

“date if survey” date placed on field notes submitted to GLO

32
Q

How is seniority determined in private conveyances?

A

date of delivery to grantee- if recorded, date and time of record is used, if unrecorded, date of acknowledgment of the grantor

33
Q

What is the only type of written description to be used in conveyance of title?

A

metes and bounds

34
Q

How may an agreement be binding in Texas?

A

must be a dispute or uncertainty about the location of the true line, must be definite and relocatable in the future.

35
Q

When does an oral agreement become binding in Texas?

A

from the time it is made

36
Q

erosion?

A

gradual eating away of land- moves property lines

37
Q

accretion?

A

gradual increase in land surface- moves property lines

38
Q

Alluvium?

A

the sand, gravel and sediment deposited by accretion

39
Q

reliction?

A

the gradual withdrawing of water that exposes more land- moves property lines

40
Q

aluvsion?

A

sudden, violent change in water course- does not change property line

41
Q

statutory proceedings that are considered unwritten conveyances?

A

tax sale, lines required run by court, other court proceedings

42
Q

what is required for a common law dedication?

A
  • person with authority to make dedication
  • dedication must be accepted (derived by public use over time)
  • area dedicated must be recognizable
  • intent to make dedication must be proved (statement, action or inaction by part of owner)
  • must be made to the public (can include churches and schools)
43
Q

implied dedication?

A

allowance of public use inconsistent with normal use

44
Q

How is width of a roadway dedicated by common law determined?

A

that which is set apart from private use, normally the fenced off area

45
Q

what can prevent common law dedication of a roadway?

A

notification to the users that a roadway is private property, or interruption in its use

46
Q

is common law dedication fee or easement?

A

normally an easement for a particular use except presumed fee if for church or school

47
Q

what is required for a statutory dedication?

A
  • must be in writing
  • must contain all the elements of a conveyance as required by law
  • signed by grantor
  • accepted by grantee
  • all requirements of local and state law are followed
48
Q

Color of title?

A

any instrument which appears to make a conveyance, but which includes some defect

49
Q

Trespass to Try Title suit?

A

title owner files suit to evict the claimant

50
Q

Suit to Quiet Title?

A

claimant wishes the court to recognize title acquired by adverse possession

51
Q

in a trespass to try title suit, the burden of proof rests with ?

A

the claimant

52
Q

in a suit to quiet title, the burden of proof rests with?

A

the claimant

53
Q

limitation title?

A

title received by unwritten conveyances

54
Q

when does adverse claimant acquire limitation title?

A

the instant all requirements of state statutes are met, court case is to determine if limitation title exists

55
Q

what is a disability as it relates to adverse possession claim?

A
  • under 18
  • imprisoned
  • unsound mind
  • serving in the armed forces during time of war
56
Q

if adverse possession begins while owner suffers from a disability?

A

time of adverse possession during disability is not counted

57
Q

if owner suffers a disability after adverse possession has begun?

A

time of adverse possession is counted

58
Q

What are two ways tacking is allowed?

A

privaty of estate and inheritance

59
Q

What are the three lines relative to all properties?

A
  • deed line
  • possession
  • ownership
60
Q

What are the four conditions required for estoppel to be granted?

A
  • estopped party must have knowingly made misleading actions or statements
  • estopped party must have believed the claimant would rely upon them
  • claimant must have been injured because of the actions
  • claimant must have been ignorant of the true facts
61
Q

lay witness?

A

someone who appears before the court to testify to the facts

62
Q

expert witness?

A

may give opinions and conclusions, not to the facts, but on matters beyond the court’s knowledge

63
Q

when can a witness refuse to answer a question?

A

when the answer would create criminal liability

64
Q

what is a declaration?

A

a statement of personal knowledge

65
Q

discovery rule?

A

limitations of time for filing a law suit are not counted until the damage is discovered or should have been discovered

66
Q

eminent domain?

A

the right of sovereigns over citizens to take property for public use

67
Q

where is the resolution of condemnation for eminent domain filed?

A

county judge

68
Q

who are the commissioners for a condemnation suit?

A

three disinterested persons who are taxpayers in the county

69
Q

how is the market value for the land involved in a condemnation suit determined?

A

an appraiser

70
Q

what is quick take in a condemnation suit?

A

after damages determined, right to begin public project, even if the decision of the commission is appealed. before entry, payment of assessed damages must be made to owner or to court

71
Q

what are damages in a condemnation suit?

A

market value plus other losses suffered including cut-off, nuisance, inconvenience, pollutions

72
Q

Adverse Possession- three-year

A

have title or color of title

73
Q

Adverse Possession- five year

A
  • cultivates, uses or enjoys the property
  • pays applicable taxes on the property
  • claims the property under a duly registered deed
74
Q

Adverse Possession- ten year

A

-cultivates, uses or enjoys the property
(w/o title instrument limited to 160 acres unless more than 160 acres enclosed)
(w/ title instrument extends to boundary of instrument)

75
Q

Adverse Possession- twenty-five year

A

-cultivates, uses or enjoys the property

76
Q

If original field notes filed at GLO differ from patent description, which holds ?

A

field notes

Texas Surveying (8 decks)

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