Part 4 Flashcards
Legal Monument
any monument controlling in a legal description. It is often limited in meaning so as to be synonymous with record monument.
Latent Ambiguity
is an inconsistency in an instrument that is not on its face and generally can be cured by outside evidence. It 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, which appears on the face of a deed and cannot be cured by parol evidence.
License
is a revocable right in real property, it may be a privilege to enter, and is nonpossessory and is revocable. It is one of the salient differences between a license and easement.
Lost Corner
Previously found corner that can’t be found for numerous reasons
Lot
a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit, whether immediate or future and having frontage on a dedicated public or private street.
Lot Double Frontage
A lot having frontage on two streets.
Major Arterial
A road intended to move traffic to and from major attractions such as shopping centers, colleges, major industrial employers, and similar traffic generators within the governmental unit.
Major Plat
All plats not classified as minor plats, including but not limited to subdivisions of more than four (4) lots, or any plat requiring creation of any new street or extension of facilities.
Mandamus
a writ from the court compelling performance of an official duty, such as the county surveyor locating vacant land.
Mean Sea Level (MSL)
The National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community’s flood insurance rate map are referenced.
Metes and Bounds
a description of real property by which property is not described by reference to “lot” or “block,” shown on a map, but is defined by starting at a known point and describing, in sequence, the lines forming the boundaries of the property.
Minimum Finished Floor Elevation (MFF)
The mean sea level elevation above which the lowest occupied floor slab, not including garages, of any building must be built.
Minor Plat
all plats limited to subdivisions of less than four (4) lots, or any plat not requiring creation of new streets or extension of facilities.
National Geodetic Vertical Datum (NGVD)
The nationwide reference surface for elevations throughout the United States made available by the National Geodetic Survey with the establishment of thousands of bench marks throughout the continent. The NGVD of 1929 is the reference datum for the City of Tyler.
Nonconforming Development
A development which was lawful prior to the adoption of this code but which fails by reason of such adoption to comply with this code.
Obliterated Corner
one for which no visible evidence of the work of the original surveyor remains, the location of which may be shown by competent evidence.
Offset Monuments
reference monument
Original Monuments
monuments set by the surveyor creating the boundary.
Parcel
A continuous quantity of land in the possession of, owned by, or recorded as the property of, the same person(s).
Parol Evidence
is oral evidence, spoken. It is not usually admissible in court to cure a patent ambiguity in a deed because it would violate the Statue of Frauds.
