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IA Land Surveyor: Boundary Surveying and Legal Principles

IA Land Surveyor · Work through your exam, one topic at a time.

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Boundary Surveying and Legal Principles

Domain 1 asks where the boundary legally is, not where a single measurement happens to land. Iowa items lean on the hierarchy of evidence, deed-construction rules, PLSS retracement doctrine, unwritten rights, and the river boundaries that frame the state.

Hierarchy of evidence

  • Natural monuments (a river bank, a bluff) outrank artificial monuments; artificial monuments outrank courses and bearings; courses outrank distances; distances outrank area. "Containing 20 acres" is the weakest call in a deed.
  • A call for an adjoiner ("to the land of Jones") is a monument call and normally beats a conflicting bearing or distance.
  • Read the deed as a whole: one call that contradicts the monument scheme is subordinated, not used to destroy the scheme.

Senior and junior rights

A junior conveyance takes nothing away from a senior one. Where two deeds overlap, the senior parcel keeps the overlap unless the parties clearly intended otherwise.

Unwritten rights

Iowa's limitations period for recovery of real property is ten years; adverse possession and boundary by acquiescence are recognized. Acquiescence rests on long, mutual, uninterrupted treatment of a line as the boundary. Prescriptive easements require open, adverse, continuous use.

Water boundaries

Iowa's Missouri and Mississippi River boundary lies at the ordinary high water mark. Accretion belongs to the riparian owner; avulsion does not move the line (Nebraska v. Iowa). A meander line is not a boundary of title.

Worked example

A 1978 deed runs "N 00°00' E, 200.00 ft to an iron pin set." The pin is found undisturbed at 199.40 ft and agrees with the adjoiner's deed, a bearing tree, and an old fence corner. The monument controls: the 0.60 ft is charged to record error, the line ends at the pin, and area uses 199.40 ft. Had the pin been an unexplained later set with no tie to the original survey, the adjoiner calls and distances would govern instead.

Traps

Treating area as controlling; proportioning outside PLSS retracement; assuming every found pin is original; ignoring easements of record; failing to map fences and possession as evidence.