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Alaska Land Surveyor (AKLS) Exam study materials
Alaska Land Surveyor (AKLS) Exam study resources

Alaska Land Surveyor (AKLS) Exam practice questions

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Question 1Alaska Boundary Law and Property Law

Under Alaska's recording statute, an unrecorded conveyance of an interest in real property is void as against which party?

  1. Any person who merely occupies adjoining land without any claim of right
  2. A subsequent purchaser of the same interest who purchases in good faith, for value, and records first Correct answer.
  3. A judgment creditor whose lien arose before the conveyance was executed
  4. A prior grantee whose deed was never delivered to the grantee

Explanation

Alaska uses a notice-race recording statute: an unrecorded conveyance is void against a later good-faith purchaser for value who records first. The later purchaser must take without notice of the prior unrecorded interest. Mere occupants or unrelated parties do not qualify as protected purchasers.

Question 2Alaska Boundary Law and Property Law

An Alaska deed that describes the property only as 'my property in the Matanuska-Susitna Borough' is most likely to be held:

  1. Valid if the grantor owned only one parcel in the borough Correct answer.
  2. Valid because Alaska allows general descriptions in deeds
  3. Void for vagueness because the land cannot be identified
  4. Enforceable as a contract to convey but not as a deed

Explanation

A description is sufficient if it furnishes the means or data by which the land can be identified with reasonable certainty. If the grantor owned only one parcel in the stated area, extrinsic evidence can identify it. A description that fits multiple parcels fails.

Question 3Alaska Boundary Law and Property Law

In the rectangular system of survey, a township is normally how many miles on a side and contains how many sections?

  1. One mile on a side containing 36 sections
  2. Twelve miles on a side containing 144 sections
  3. Six miles on a side containing 36 sections Correct answer.
  4. Six miles on a side containing 640 sections

Explanation

A standard township is a square six miles on each side, containing 36 sections of one square mile (640 acres) each. Sections are numbered boustrophedon from the northeast corner. This is the basic module of the Public Land Survey System.

Question 4Alaska Boundary Law and Property Law

Which number identifies the principal meridian used for the Public Land Survey System in most of Alaska?

  1. The Umiat Meridian
  2. The Seward Meridian Correct answer.
  3. The Fairbanks Meridian
  4. The Copper River Meridian

Explanation

The Seward Meridian, together with the Seward Base Line, governs most federal land surveys in Alaska. Other meridians such as Copper River, Fairbanks, and Umiat exist for specific regions. The Seward Meridian is the principal one for the bulk of the state.

Question 5Alaska Boundary Law and Property Law

Under the equal-footing doctrine as applied in Alaska, ownership of lands beneath navigable waters passed to the state at statehood, subject to what key qualification?

  1. Only for waters actually used in interstate commerce on the statehood date
  2. Only where the beds lie within a municipality's boundaries
  3. Subject to the federal government's reserved authority and valid preexisting disposals Correct answer.
  4. Only if the state surveyed the beds before statehood

Explanation

The equal-footing doctrine presumptively conveyed navigable waterbeds to Alaska at statehood. That title is subject to the paramount power of Congress and to valid preexisting disposals such as federal reservations and patents. The state did not need to survey the beds first.

Question 6Alaska Boundary Law and Property Law

A riparian owner along a non-navigable Alaska river whose course gradually shifts over years by slow erosion and deposit generally gains or loses land under which doctrine?

  1. Prescription
  2. Boundary by agreement
  3. Reliction by avulsion
  4. Accretion and erosion Correct answer.

Explanation

Gradual, imperceptible changes to a watercourse boundary are governed by accretion and erosion, which shift the boundary with the water. Sudden changes are treated differently. The riparian owner gains or loses the affected strip without a new conveyance.

Question 7Alaska Boundary Law and Property Law

When a non-navigable stream suddenly changes course in a single flood event, the boundary between riparian owners generally remains at:

  1. The old channel's centerline as it existed before the avulsion Correct answer.
  2. The new thread of the stream
  3. The middle of the abandoned channel
  4. The high-water mark on the new bank

Explanation

Under the avulsion rule, a sudden and perceptible change of a stream does not move property boundaries. The boundary stays where the thread of the stream was before the avulsion. Gradual accretion, by contrast, does move the line.

Question 8Alaska Boundary Law and Property Law

For purposes of determining state ownership of a waterbody's bed in Alaska, navigability is judged as of which date?

  1. The date the federal patent was issued
  2. The date Alaska achieved statehood Correct answer.
  3. The date of the most recent state water survey
  4. The date of the original federal survey

Explanation

The equal-footing doctrine fixes the navigability determination as of the date of statehood. Waters navigable in fact on that date passed to the state. Later changes in use or condition do not alter the statehood determination.

Question 9Alaska Boundary Law and Property Law

An Alaska parcel is described as the 'SW1/4 of the NE1/4 of Section 12, T3N, R2W, Seward Meridian.' How many acres does that description contain, assuming a regular section?

  1. 20 acres
  2. 10 acres
  3. 80 acres
  4. 40 acres Correct answer.

Explanation

Each aliquot quartering halves the area: a quarter section is 160 acres, a quarter of that is 40 acres, and a quarter of that is 10 acres. Here the description takes the NE quarter (160) then its SW quarter (40). So the parcel is 40 acres.

Question 10Alaska Boundary Law and Property Law

In a metes-and-bounds description, a call for a natural monument such as a river bank generally controls over which element?

  1. A call for distance or course Correct answer.
  2. A call for adjoining owners' names
  3. A call for an artificial monument
  4. A call for area

Explanation

The rules of construction rank natural monuments above artificial monuments, and monuments above courses and distances. Area is the weakest call. Thus a natural monument generally prevails over a stated distance.

Question 11Alaska Boundary Law and Property Law

A deed calls for a boundary to run 'to the oak tree marked as a corner, thence north 10 chains.' The marked oak has been removed, but survey records place it at a fixed point. Which call generally controls the corner location?

  1. The nearest existing fence line
  2. The 10-chain distance from the nearest section corner
  3. The recorded position of the original marked monument Correct answer.
  4. The centerline of the adjoining road

Explanation

Original monuments, even when lost, may be restored from the survey record, and a monument call controls over courses and distances. The recorded position of the original corner therefore governs. Fences and roads are not calls in the deed.

Question 12Alaska Boundary Law and Property Law

Under the doctrine of adverse possession as it applies in Alaska, the possession must generally be:

  1. Based on a written claim of title recorded with the district recorder
  2. Approved by the adjoining owner within the statutory period
  3. Actual, open, notorious, exclusive, continuous, and hostile for the statutory period Correct answer.
  4. Confined to land the possessor also owns in fee

Explanation

Adverse possession requires possession that is actual, open and notorious, exclusive, continuous, and hostile for the statutory period. Recording a claim or obtaining the neighbor's approval is not required. Alaska's statutory period and any applicable exceptions must also be satisfied.

Question 13Alaska Boundary Law and Property Law

Two neighbors treat a fence as the boundary for many years even though the deed line lies elsewhere. Which doctrine may fix the boundary at the fence?

  1. Rule of practical location by acquiescence Correct answer.
  2. Doctrine of worthier title
  3. Doctrine of merger
  4. Rule against perpetuities

Explanation

Where adjoining owners mutually acquiesce in a fence or line as the boundary for the statutory period, courts may treat that line as the true boundary. The doctrine goes by names such as boundary by acquiescence or practical location. It requires mutual recognition of the line as the boundary.

Question 14Alaska Boundary Law and Property Law

An Alaska grantor conveys a parcel 'to A for life, then to A's heirs.' What type of future interest does A's heirs hold during A's life?

  1. A reversion in the grantor
  2. A contingent remainder Correct answer.
  3. A possibility of reverter
  4. A vested remainder subject to open

Explanation

Heirs are not determined until the ancestor dies, so the remainder in A's heirs is contingent because the takers are unascertained. The grantor retains nothing because the grant is complete. On A's death, the heirs are identified and the remainder vests.

Question 15Alaska Boundary Law and Property Law

A deed conveys land 'to the City of Wasilla so long as used for a park.' If the land ceases to be used as a park, the grantor may generally:

  1. Enforce a covenant requiring continued park use for damages only
  2. Do nothing, because the limitation is unenforceable
  3. Automatically regain title because the estate ended Correct answer.
  4. Re-enter and retake the land under a right of entry

Explanation

The phrase 'so long as' creates a fee simple determinable, which ends automatically on the happening of the stated event. The grantor's future interest is a possibility of reverter, which becomes possessory without reentry. A right of entry, by contrast, accompanies a fee simple subject to a condition subsequent.

Question 16Alaska Boundary Law and Property Law

Which type of co-tenancy includes the right of survivorship by operation of law?

  1. Tenancy by the entirety in all states
  2. Tenancy in common
  3. Tenancy at will
  4. Joint tenancy Correct answer.

Explanation

A joint tenancy carries the right of survivorship, so a deceased joint tenant's share passes to the surviving joint tenants. A tenancy in common has no survivorship and passes by will or intestacy. Tenancy at will is a leasehold, not a co-tenancy.

Question 17Alaska Boundary Law and Property Law

An easement appurtenant differs from an easement in gross in that an easement appurtenant:

  1. Must be created by express grant in a recorded deed
  2. Cannot be transferred to a successor owner
  3. Benefits a particular parcel of land and passes with that land Correct answer.
  4. Is personal to the holder and ends on the holder's death

Explanation

An easement appurtenant attaches to a dominant estate and runs with the land, transferring automatically with that parcel. An easement in gross benefits a person rather than a parcel. Either type may be created by express grant, implication, or prescription.

Question 18Alaska Boundary Law and Property Law

A landowner has crossed a neighbor's land for 15 years to reach a public road, openly and without permission, under a claim of right. In Alaska, this use may establish:

  1. A license revocable at will
  2. A fee title by adverse possession only
  3. A prescriptive easement Correct answer.
  4. An easement by necessity

Explanation

Open, notorious, adverse, and continuous use of another's land for the statutory period can create a prescriptive easement. The use creates a right of way, not fee title. An easement by necessity arises from severance and strict necessity, not from long use.

Question 19Alaska Boundary Law and Property Law

A seller of Alaska real property who fails to provide the required written disclosure of known material defects may face which consequence?

  1. Automatic rescission of the sale by operation of law
  2. Criminal prosecution for fraud in every case
  3. Potential liability for damages or rescission based on the misrepresentation Correct answer.
  4. No consequence if the buyer inspected the property

Explanation

Alaska requires sellers of residential property to disclose known material defects. A failure to disclose may expose the seller to damages or rescission based on misrepresentation or nondisclosure. The remedy is not automatic and depends on the facts and the buyer's reliance.

Question 20Alaska Boundary Law and Property Law

Under Alaska law, a real property transfer tax is generally imposed on which party?

  1. The grantor (seller) Correct answer.
  2. The recording district
  3. The title company
  4. The grantee (buyer)

Explanation

Alaska imposes its real property transfer tax on the grantor, measured by the consideration for the transfer. Certain transfers, such as those between certain family members or by operation of law, are exempt. The recorder collects the tax at recording.

Question 21Alaska Boundary Law and Property Law

A document presented for recording in Alaska is generally entitled to recording if it is:

  1. Written in pencil and lacking a property description
  2. Acknowledged or otherwise properly executed and contains a sufficient legal description Correct answer.
  3. Recorded in a district other than the one where the land lies
  4. Signed only by the grantee without any notarial acknowledgment

Explanation

To be recorded, a document must be properly executed and acknowledged and must identify the land. Alaska's recording statutes set these requirements for constructive notice. A defect in execution or description may prevent the document from giving record notice.

Question 22Alaska Boundary Law and Property Law

Alaska follows the 'notice-race' recording statute. A later purchaser who records first but had actual notice of a prior unrecorded deed will generally:

  1. Prevail if the prior deed was acknowledged but not recorded
  2. Prevail because recording first controls regardless of notice
  3. Lose to the prior grantee because good faith without notice is required Correct answer.
  4. Take title free of the prior deed under the shelter rule

Explanation

Under notice-race, a later purchaser must take without notice, pay value, and record first to prevail. Actual notice of the prior unrecorded deed defeats the later purchaser even if that purchaser records first. Recording alone does not cure bad faith or notice.

Question 23Alaska Boundary Law and Property Law

In Alaska, which of the following is generally required for a valid conveyance of an interest in real property?

  1. A writing signed by the grantor identifying the land and the interest Correct answer.
  2. Delivery of the deed only, with no writing required
  3. Recording of the deed before the conveyance is effective between the parties
  4. Approval of the conveyance by the adjoining landowners

Explanation

Alaska's statute of frauds requires a conveyance to be in writing, signed by the grantor, and to identify the land and the interest conveyed. Delivery is also required for the deed to operate, but recording is not necessary between the parties. Neighbor approval is not required.

Question 24Alaska Boundary Law and Property Law

A trespasser occupies an Alaska parcel for the statutory period and then conveys the parcel to a third party. The third party's claim to title generally depends on:

  1. The third party paying the property taxes for one year
  2. The transfer of the possessor's interest, with the periods of successive possession tacking together Correct answer.
  3. The third party's own possession for a separate statutory period
  4. The third party recording the deed before the true owner objects

Explanation

Adverse possession periods may be tacked where there is privity between successive possessors, such as a conveyance. The transferee steps into the transferor's shoes and can count the prior period. A stranger's later possession without privity cannot tack.

Question 25Alaska Boundary Law and Property Law

A deed reserves 'a strip 30 feet wide along the north boundary for a road.' What interest has the grantor created in the strip?

  1. A license to use the strip
  2. An easement over the strip Correct answer.
  3. Full fee title to the strip by reservation
  4. A life estate in the strip

Explanation

A reservation of a strip for a road creates an easement for road purposes, not a reacquisition of fee title. The grantee takes the fee subject to the easement. A license is revocable and a life estate is measured by a life.

Question 26Alaska Boundary Law and Property Law

In Alaska, the statutory period for adverse possession is 10 years. Which additional requirement must a claimant generally satisfy under Alaska law?

  1. The possession must be under color of title.
  2. The possession must be exclusive, continuous, open and notorious, and hostile. Correct answer.
  3. The possession must be for at least 20 years.
  4. The possession must be under a claim of right based on a written instrument.

Explanation

Alaska's adverse possession doctrine requires that possession be exclusive, continuous, open and notorious, and hostile for the statutory period of 10 years. Color of title or a written instrument is not universally required, though it may affect the extent of the claim.

Question 27Alaska Boundary Law and Property Law

Alaska's recording statute is a notice-race statute. If a subsequent purchaser records first but has actual notice of a prior unrecorded conveyance, who generally prevails?

  1. The prior unrecorded grantee, because recording is not required in Alaska.
  2. The subsequent purchaser, because they recorded first.
  3. The prior unrecorded grantee, because the subsequent purchaser had notice. Correct answer.
  4. The subsequent purchaser, because actual notice is irrelevant under a notice-race statute.

Explanation

Under a notice-race statute, a subsequent purchaser must both lack notice of the prior conveyance and record first to prevail. If the subsequent purchaser has actual notice, they cannot prevail even if they record first.

Question 28Alaska Boundary Law and Property Law

A deed describes a parcel as the 'NE1/4 of the SW1/4 of Section 8, T2S, R1E, Seward Meridian.' How many acres does this parcel contain?

  1. 160 acres
  2. 80 acres
  3. 20 acres
  4. 40 acres Correct answer.

Explanation

A section contains 640 acres. The SW1/4 of a section is 160 acres, and the NE1/4 of that quarter-quarter is 40 acres. Thus, the NE1/4 of the SW1/4 is 40 acres.

Question 29Alaska Boundary Law and Property Law

A landowner has used a path across a neighbor's land for 12 years to reach a public road, openly and without permission. The use has been continuous and exclusive. Under Alaska law, what interest has the landowner likely acquired?

  1. A license.
  2. A prescriptive easement. Correct answer.
  3. Title by adverse possession.
  4. An easement by necessity.

Explanation

Open, notorious, continuous, exclusive, and hostile use of another's land for the statutory period creates a prescriptive easement. The use is for passage, so it creates an easement rather than fee title.

Question 30Alaska Boundary Law and Property Law

A deed conveys land 'to the City of Homer so long as it is used for a public park.' The City later uses the land for a parking garage. What is the likely result?

  1. The City retains fee simple absolute title because the condition is unenforceable.
  2. The property automatically reverts to the grantor because the estate was a fee simple determinable. Correct answer.
  3. The grantor may re-enter and retake the property because the estate was subject to a condition subsequent.
  4. The grantor has a possibility of reverter that becomes possessory only after a court action.

Explanation

The phrase 'so long as' creates a fee simple determinable, and the grantor retains a possibility of reverter. When the specified use ceases, the estate automatically ends and the property reverts to the grantor.

Question 31Alaska Boundary Law and Property Law

In Alaska, a real property transfer tax is imposed on the transfer of real property. Who generally pays the tax?

  1. The grantor, unless the parties agree otherwise. Correct answer.
  2. The grantee, unless the parties agree otherwise.
  3. The real estate broker involved in the transaction.
  4. The tax is split equally between grantor and grantee.

Explanation

Alaska imposes the real property transfer tax on the grantor by default, though the parties may agree to allocate it differently. The tax is based on the consideration paid for the transfer.

Question 32Alaska Boundary Law and Property Law

A document is presented for recording in Alaska. Which of the following is generally required for the document to be entitled to recording?

  1. The document must be approved by the local planning commission.
  2. The document must be acknowledged or proved and must be in English. Correct answer.
  3. The document must include a legal description prepared by a licensed surveyor.
  4. The document must be accompanied by a survey.

Explanation

Alaska's recording statutes require that an instrument be acknowledged or proved according to law and be in English to be recordable. Surveys or planning commission approvals are not generally required for recording.

Question 33Alaska Boundary Law and Property Law

A deed reserves 'a strip of land 30 feet wide along the north boundary for road purposes.' What interest has the grantor created?

  1. A profit à prendre.
  2. A fee simple absolute in the strip.
  3. A license to use the strip.
  4. An easement for road purposes. Correct answer.

Explanation

A reservation of a strip for road purposes typically creates an easement, not a fee estate, because the language indicates use for a specific purpose rather than ownership. The grantor retains the underlying fee but grants a right of way.

Question 34Alaska Boundary Law and Property Law

A trespasser occupies an Alaska parcel for the statutory period and then conveys the parcel to a third party. The third party:

  1. must restart the adverse possession period from the date of conveyance.
  2. takes the trespasser's interest, but the adverse possession period does not restart.
  3. takes title free of any defects because the trespasser's occupancy matured into title. Correct answer.
  4. cannot acquire title because adverse possession rights are not assignable.

Explanation

Once the statutory period for adverse possession is satisfied, the trespasser acquires title by operation of law. That title is then freely transferable to a third party, who takes valid title.

Question 35Alaska Boundary Law and Property Law

A deed conveys 'to A and B as tenants in common.' A dies intestate. What happens to A's interest?

  1. It passes to B by survivorship.
  2. It escheats to the state.
  3. It passes to A's heirs or devisees. Correct answer.
  4. It is extinguished.

Explanation

Tenants in common have no right of survivorship; each owner's interest is freely devisable and inheritable. Upon A's death, A's interest passes to A's heirs or devisees, and B remains a tenant in common with them.

Question 36Alaska Boundary Law and Property Law

In Alaska, a seller of residential real property must provide a written disclosure of known material defects. If the seller fails to do so, what is a likely consequence?

  1. The seller is only liable if the buyer can prove actual fraud.
  2. The sale is automatically void.
  3. The seller has no liability if the buyer inspected the property.
  4. The seller may be liable for damages and the buyer may rescind the contract. Correct answer.

Explanation

Alaska's residential disclosure statute requires sellers to disclose known material defects. Failure to comply can lead to liability for damages and may give the buyer a right to rescind, even without proof of common law fraud.

Question 37Alaska Boundary Law and Property Law

A deed contains a metes-and-bounds description that calls for a boundary to run 'to a granite boulder marked as a corner, thence north 10 chains.' The boulder has been removed, but its location is known. What generally controls the boundary?

  1. The bearing and distance call, because the monument is gone.
  2. The centerline of the section.
  3. The location of the boulder, because natural monuments control over courses and distances. Correct answer.
  4. The adjoining owner's fence line.

Explanation

In boundary law, natural monuments control over courses and distances. If the monument's original location can be established, it governs even if the monument itself is no longer present.

Question 38Alaska Boundary Law and Property Law

Two adjacent landowners in Alaska have treated a fence as the boundary for 15 years, although the deed line is elsewhere. The fence has been maintained and the land on each side used accordingly. Which doctrine may confirm the fence as the boundary?

  1. Adverse possession.
  2. Boundary by agreement. Correct answer.
  3. Prescription.
  4. Estoppel by deed.

Explanation

When neighbors agree on a boundary line and treat it as such for a period, the doctrine of boundary by agreement can fix the line. The agreement must be made by the affected landowners, and the line must be clearly marked and acquiesced in.

Question 39Alaska Boundary Law and Property Law

An Alaska deed conveys 'to A for life, then to A's heirs.' What type of future interest does A's heirs hold?

  1. A reversion.
  2. An executory interest.
  3. A remainder. Correct answer.
  4. A possibility of reverter.

Explanation

A remainder is a future interest created in a grantee that becomes possessory upon the natural expiration of a prior estate. Here, A's heirs hold a remainder because it follows A's life estate and will become possessory when A dies.

Question 40Alaska Boundary Law and Property Law

An Alaska landowner grants a neighbor a right to cross the landowner's parcel to reach a public road, but the grant is not recorded. The landowner later sells the parcel to a buyer who has no knowledge of the arrangement. Under Alaska's notice-race recording statute, which party generally prevails?

  1. The buyer, because the unrecorded easement is void against a subsequent purchaser who takes without notice. Correct answer.
  2. The neighbor, because the statute protects only purchasers who pay full market value and record within one year.
  3. The buyer, because easements cannot be created by grant in Alaska and must be reserved in a plat.
  4. The neighbor, because an easement created by grant binds all later purchasers regardless of recording.

Explanation

Alaska uses a notice-race recording statute, which protects a subsequent purchaser who takes without notice of a prior unrecorded interest, even if another party records first only where notice is absent. An unrecorded easement is therefore vulnerable to a later bona fide purchaser lacking notice. Recording the grant is what preserves the neighbor's rights against such a purchaser.

Question 41Boundary Determination and Retracement

The original government survey of a township subdivision created section corners and quarter corners. In a retracement, the primary purpose of recovering these original monuments is to:

  1. Set new corners at the mathematically ideal aliquot positions
  2. Reestablish the position of the original boundary lines as they were run Correct answer.
  3. Relocate corners to match current recorded parcel lines
  4. Correct errors made by the original surveyor

Explanation

Retracement seeks to identify and perpetuate the original survey positions, not to correct or idealize them. The original monuments control the location of the lines as run.

Question 42Boundary Determination and Retracement

A surveyor finds an original bearing tree that no longer matches the record distance from the corner. Under accepted retracement practice, the surveyor should:

  1. Accept the tree as evidence and investigate the discrepancy Correct answer.
  2. Move the corner to the record position
  3. Average the tree position with the record position
  4. Disregard the tree because the distance is off

Explanation

Original evidence such as bearing trees is strong evidence of the original corner location. Discrepancies are investigated rather than dismissed, and averaging is not a recognized retracement method.

Question 43Boundary Determination and Retracement

Which of the following generally carries the highest weight as boundary evidence in a retracement?

  1. Original undisturbed monuments Correct answer.
  2. Area computed from the deed
  3. Written deed distances
  4. Improvement lines and occupation

Explanation

Original undisturbed monuments are the best evidence of the original boundary location. Distances, area, and occupation are subordinate to original monuments.

Question 44Boundary Determination and Retracement

In the PLSS, the standard method for subdividing a regular section into aliquot parts is based on:

  1. The geographic center of the township
  2. Equal areas measured from the township line
  3. The nearest meander line
  4. The section corners and quarter corners as originally established Correct answer.

Explanation

Aliquot subdivision proceeds from the established section and quarter corners. The corners, not computed centers of the township, control the subdivision.

Question 45Boundary Determination and Retracement

A deed calls for a boundary to run "to a white oak tree, thence along the fence." The tree is gone but the fence remains in its historic location. The surveyor should:

  1. Use the fence as evidence of the called-for line Correct answer.
  2. Ignore the fence and run the deed distance
  3. Set the corner at the computed midpoint
  4. Establish a straight line between the deed corners

Explanation

A called-for natural monument controls, and when it is gone, secondary evidence such as a long-standing fence in the historic location may be used. Deed distances become subordinate where better evidence of the called line exists.

Question 46Boundary Determination and Retracement

A quarter corner on a township line is described in the field notes as being at the midpoint of the section line. When the section line is later found to be 80.10 chains long, the retracement position of the quarter corner is best established by:

  1. Placing it at exactly 40.00 chains from the section corner
  2. Placing it at the record distance from the nearest corner
  3. Placing it at one-half the measured distance between the section corners Correct answer.
  4. Placing it where the nearest fence intersects the line

Explanation

Where a quarter corner was originally set at the midpoint, its position is at half the measured distance between the controlling section corners. This is a proportional method, not a fixed record distance.

Question 47Boundary Determination and Retracement

The doctrine of proportionate measurement is most appropriately applied when:

  1. The deed contains a natural monument call
  2. An original corner is recovered and undisturbed
  3. Original corners at each end of a line are recovered but an intermediate corner is lost Correct answer.
  4. No corners of the line can be found

Explanation

Proportionate measurement is used to restore a lost corner between two recovered original corners by distributing the excess or deficiency. It applies only when the controlling corners are found.

Question 48Boundary Determination and Retracement

A lost section corner lies between two recovered section corners that are 80.20 chains apart while the record distance is 80.00 chains. The lost corner is recorded 40.00 chains from the west corner. Its restored position should be:

  1. 40.00 chains from the west corner
  2. 40.20 chains from the west corner
  3. 40.05 chains from the west corner
  4. 40.10 chains from the west corner Correct answer.

Explanation

Proportionate measurement places the lost corner at half the measured distance (80.20 / 2 = 40.10 chains) from the controlling corner. The excess is distributed equally because the record call was to the midpoint.

Question 49Boundary Determination and Retracement

A meander line along a navigable river is best described as:

  1. The legal boundary of the upland parcel
  2. A line run to determine the area of the water body
  3. A line established to compute the quantity of upland, not the water boundary Correct answer.
  4. A line that fixes the ordinary high water mark

Explanation

Meander lines are run to compute the area of the fractional lots and are not the boundary. The water itself, typically the ordinary high water mark, is the boundary for navigable waters.

Question 50Boundary Determination and Retracement

An 1873 survey monument is found that conflicts with a 1902 resurvey monument at the same corner. Under retracement principles, the surveyor should generally give greater weight to:

  1. Whichever monument is more durable
  2. The 1873 monument as the original corner Correct answer.
  3. The 1902 monument as the more recent
  4. Whichever monument is closer to the record position

Explanation

The original survey establishes the corner, so the earliest monument consistent with the original survey controls. A later resurvey is evidence but does not supersede the original corner.