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KY Land Surveyor practice questions

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Question 1Legal Principles of Land Surveying

Under Kentucky law, when a surveyor prepares a plat that is to be recorded and used to convey land by reference, the surveyor's primary legal responsibility regarding boundary location is best described as which of the following?

  1. Establishing new boundaries based on the surveyor's judgment where records are ambiguous
  2. Guaranteeing the record title is free of defects
  3. Serving as an insurer of the acreage stated on the plat
  4. Locating boundaries in accordance with the record evidence and marking them on the ground Correct answer.

Explanation

A surveyor retraces and marks existing boundaries based on record evidence and accepted rules of boundary construction, not the surveyor's personal preference. Surveyors do not guarantee title or acreage; those are title and contract concerns. The legal duty is faithful location and monumentation of the true line.

Question 2Legal Principles of Land Surveying

A Kentucky surveyor discovers that a monument set by a prior surveyor marks a corner called for in the deed. Under the hierarchy of evidence in boundary retracement, the surveyor should generally give the greatest weight to which item?

  1. The area stated in the deed
  2. The distance written in the deed
  3. The direction of the line as written in the deed
  4. The original monument called for in the deed Correct answer.

Explanation

Monuments generally control over courses and distances when the monument is the one called for and is reliably identified. Distances and bearings are secondary evidence because they are more prone to transcription and measurement error. Area is the weakest call of all.

Question 3Legal Principles of Land Surveying

In Kentucky, the term 'adverse possession' as applied to a boundary dispute most nearly means which of the following?

  1. Acquiring title by open, notorious, exclusive, hostile, and continuous possession for the statutory period Correct answer.
  2. Obtaining a quiet title judgment against unknown heirs
  3. Establishing a boundary by agreement between adjoining owners
  4. Acquiring a prescriptive easement by use of another's land

Explanation

Adverse possession requires actual possession that is open, notorious, exclusive, hostile, and continuous for the statutory period, which in Kentucky is generally fifteen years. Prescriptive easement is a separate doctrine involving use rather than possession. Boundary by agreement and quiet title are distinct legal actions.

Question 4Legal Principles of Land Surveying

A Kentucky surveyor is asked to prepare a boundary survey of a parcel described in a deed by metes and bounds. Which source should the surveyor consult first to establish the record description?

  1. The recorded deed and any referenced recorded plats Correct answer.
  2. Oral statements of the current occupant
  3. The surveyor's own prior field notes for the area
  4. The county property valuation administrator's tax map

Explanation

The record description in the deed, together with any plats or documents the deed references, is the primary evidence of the parcel's extent. Tax maps are for assessment purposes and are not boundary evidence. Prior field notes and occupant statements may assist but are subordinate to the record.

Question 5Legal Principles of Land Surveying

In Kentucky, a surveyor who signs and seals a plat certifies which of the following?

  1. That the work was performed under the surveyor's responsible charge and meets applicable standards Correct answer.
  2. That the boundary is legally correct and cannot be challenged
  3. That all adjoining owners have agreed to the boundary lines shown
  4. That the property has marketable title

Explanation

A seal and signature certify that the professional work was done by or under the responsible charge of the licensed surveyor and complies with applicable standards. It does not certify legal correctness against all challenges, adjoining owner consent, or title quality. Those matters fall outside the surveyor's certification.

Question 6Legal Principles of Land Surveying

A Kentucky boundary survey reveals that a fence has enclosed a strip of the neighboring parcel for many years. The surveyor's most appropriate professional response is which of the following?

  1. Move the fence to the record line before completing the survey
  2. Ignore the fence and plat only the record line
  3. Certify the fence as the true boundary in the plat legend
  4. Show the fence as an occupation line and note the discrepancy with the record line Correct answer.

Explanation

The surveyor documents both the record boundary and the occupation evidence such as fences, noting any discrepancy. The surveyor does not relocate physical improvements or decide ownership. Whether possession has ripened into title is a legal question for the parties and the court.

Question 7Legal Principles of Land Surveying

Which of the following best describes the legal effect of recording a survey plat in the county clerk's office in Kentucky?

  1. It provides constructive notice of the survey to subsequent purchasers when properly recorded Correct answer.
  2. It eliminates the need for a deed description
  3. It converts the surveyor's opinion into a judicial determination
  4. It automatically transfers title to the land shown

Explanation

Recording gives constructive notice to the world of the document's contents and preserves it as a public record. Recording does not itself convey title, which requires a deed, nor does it adjudicate boundaries. A deed description remains necessary to convey the parcel.

Question 8Legal Principles of Land Surveying

A deed describes a parcel as beginning at 'a stone at the northeast corner of the Jones tract.' The stone is found, but it lies 12 feet from where the deed distances would place the corner. Under Kentucky boundary principles, the surveyor should do which of the following?

  1. Average the stone location and the computed location
  2. Hold the found stone as controlling and note the distance discrepancy Correct answer.
  3. Reject the deed as ambiguous and stop the survey
  4. Establish the corner at the computed distance and ignore the stone

Explanation

A called-for monument that is identified with reasonable certainty controls over courses and distances. The surveyor holds the monument and documents the discrepancy for the record. Averaging or rejecting the description would disregard settled rules of construction.

Question 9Legal Principles of Land Surveying

In Kentucky, which of the following is required for a valid conveyance of real property by deed?

  1. A survey plat prepared by a licensed surveyor
  2. A writing signed by the grantor identifying the parties and the land Correct answer.
  3. Recording in the county clerk's office before delivery
  4. Acknowledgment before a notary before delivery

Explanation

Kentucky's statute of frauds requires a written deed signed by the grantor that identifies the parties and the property. A survey and acknowledgment are not required for validity, though acknowledgment enables recording. Recording affects priority against later purchasers, not the validity between the parties.

Question 10Legal Principles of Land Surveying

A Kentucky surveyor is retracing a line that follows a non-navigable stream as called for in an old deed. Which principle generally governs the boundary location?

  1. The line is fixed at the ordinary high water mark by statute
  2. The line always follows the near bank regardless of deed language
  3. The line follows the meander line as surveyed
  4. The line follows the thread or center of the stream unless the deed states otherwise Correct answer.

Explanation

For non-navigable streams, the general rule is that a boundary described as running to or along the stream extends to the thread or center unless the deed clearly limits it to the bank. The meander line is not the boundary; it is only a reference for computing area. Navigable stream rules differ.

Question 11Legal Principles of Land Surveying

A Kentucky surveyor is asked to set corners for a parcel that has never been surveyed and is described only by a subdivision lot number referencing a recorded plat. The surveyor should do which of the following?

  1. Establish new corners based on equal area division
  2. Set corners from the PVA tax map geometry
  3. Rely on the deed's stated acreage to compute new corners
  4. Retrace the lot from the recorded plat and set monuments at the plat corners Correct answer.

Explanation

When a deed references a recorded plat, the plat becomes part of the description and the lot is retraced from it. New corners must conform to the plat's monuments and geometry. Tax maps and acreage figures are not controlling evidence for lot corners.

Question 12Legal Principles of Land Surveying

Which of the following statements best describes a Kentucky surveyor's duty when discovering an error in a previously recorded plat prepared by another surveyor?

  1. Document the discrepancy and prepare a corrective instrument as appropriate without altering the original record Correct answer.
  2. Ignore the error because the prior plat is conclusive
  3. Physically correct the original recorded plat in the clerk's office
  4. Publicly accuse the prior surveyor of negligence

Explanation

Recorded plats are public records and cannot be altered; errors are addressed by a corrective or amended plat with appropriate notes. The surveyor documents the discrepancy honestly. Accusations and silent acceptance both fail professional standards.

Question 13Legal Principles of Land Surveying

In Kentucky, a prescriptive easement over another's land generally requires which of the following?

  1. Payment of taxes on the affected strip
  2. A court order declaring the easement before use begins
  3. A written grant recorded in the county clerk's office
  4. Use that is open, notorious, adverse, and continuous for the statutory period Correct answer.

Explanation

A prescriptive easement arises from use that is open, notorious, adverse, and continuous for the statutory period, generally fifteen years in Kentucky. It does not require a written grant, tax payment, or prior court order. The user's burden is to show the required elements.

Question 14Legal Principles of Land Surveying

A Kentucky surveyor is preparing a plat for a client who wants the boundary to follow an existing fence rather than the deed line. The surveyor should do which of the following?

  1. Refuse to perform any survey for the client
  2. Draw the boundary along the fence as requested without comment
  3. Plat the record boundary and note the fence as an occupation line, advising the client to seek legal advice Correct answer.
  4. Plat both lines but certify the fence line as the boundary

Explanation

The surveyor's duty is to depict the record boundary accurately and to disclose occupation evidence. The surveyor cannot substitute a fence line for the deed line on the client's instruction. Whether the fence line has legal effect is a question for counsel or the court.

Question 15Legal Principles of Land Surveying

Which of the following is the correct treatment of a natural monument such as a tree or a rock called for in a deed when the monument has been destroyed but its location can be established by reliable evidence?

  1. Set the corner at the midpoint between adjacent surviving corners
  2. Disregard the call and use the deed distance
  3. Reestablish the corner at the proven original location and set a new monument Correct answer.
  4. Use the nearest surviving monument regardless of distance

Explanation

When an original monument is destroyed but its location can be proven by reliable evidence, the corner is reestablished at that location and a new monument is set. Distances and proportions are used only when the original location cannot be proven. The nearest monument or a midpoint is not a substitute for proof of the original corner.

Question 16Legal Principles of Land Surveying

In Kentucky, the statutory period for adverse possession is generally which of the following?

  1. Twenty years
  2. Fifteen years Correct answer.
  3. Five years
  4. Ten years

Explanation

Kentucky's adverse possession statute generally requires fifteen years of the requisite possession. Shorter periods apply only in specific circumstances such as color of title under particular statutes. The surveyor should confirm the applicable statute and any exceptions for the specific facts.

Question 17Legal Principles of Land Surveying

A Kentucky surveyor is asked to locate a boundary that is described in a deed as running 'to a white oak, thence with the meanders of the creek.' Which of the following best describes the surveyor's approach?

  1. Follow the deed distances exactly and disregard the creek
  2. Ignore the white oak and follow the creek from the computed point
  3. Locate the white oak if it can be identified, then follow the creek's meanders as called for Correct answer.
  4. Set the corner at the creek's nearest point to the computed location

Explanation

The surveyor first seeks the called-for tree and then follows the natural meanders of the creek as the deed directs. Natural monuments and meander calls control over distances and computed positions. Disregarding either call would misapply the deed.

Question 18Legal Principles of Land Surveying

Which of the following best describes the role of a surveyor as an expert witness in a Kentucky boundary dispute?

  1. To represent one party as an advocate regardless of the evidence
  2. To decide the legal ownership of the disputed strip
  3. To serve as the judge's fact-finder in place of the jury
  4. To explain survey methods and the basis for the boundary opinion to the court Correct answer.

Explanation

An expert surveyor explains technical methods and the basis for a boundary opinion, assisting the trier of fact. The surveyor does not decide ownership, which is the court's role. Advocacy that ignores the evidence undermines the expert's credibility.

Question 19Legal Principles of Land Surveying

A Kentucky surveyor is preparing a plat for a lot that fronts on a public road. The deed calls for the boundary to run 'to the center of the road.' Which principle generally applies?

  1. The boundary follows the nearest fence along the road
  2. The boundary stops at the near edge of the right-of-way
  3. The boundary extends to the center of the road unless the deed or statute clearly limits it to the margin Correct answer.
  4. The boundary stops at the centerline only if the road is paved

Explanation

Where a deed calls for a boundary to run to the center of a public road, the general rule is that the grantee takes to the center unless a contrary intent appears. The right-of-way margin is not the default limit. Paving status and fences do not control the deed's call.

Question 20Legal Principles of Land Surveying

A Kentucky surveyor finds that two deeds in the chain of title describe the same parcel with different acreages and slightly different bearings. Which of the following is the surveyor's best course of action?

  1. Average the bearings from both deeds
  2. Report the discrepancy to the client without any further analysis
  3. Research the full chain, reconcile the descriptions using established rules, and document the analysis on the plat Correct answer.
  4. Choose the more recent deed without further research

Explanation

The surveyor should examine the chain of title, apply rules of construction to reconcile the descriptions, and document the reasoning. Simply choosing the latest deed, averaging bearings, or reporting without analysis falls short of the professional duty. The goal is an accurate, defensible retracement.

Question 21Legal Principles of Land Surveying

In Kentucky, when a deed's description is ambiguous, courts generally resolve the ambiguity against which party?

  1. The surveyor who retraced the line
  2. The adjoining owner who did not sign the deed
  3. The grantee who accepted the deed
  4. The grantor who drafted the description Correct answer.

Explanation

Under the rule of contra proferentem, ambiguity in a deed is generally construed against the grantor who drafted it. The grantee did not author the language, the surveyor is not a party, and a non-signing adjoining owner is not bound by the deed's construction.

Question 22Legal Principles of Land Surveying

A Kentucky surveyor discovers that a monument set by a prior surveyor is in the wrong location relative to the original record calls. Which of the following best describes the legal weight of the erroneous monument?

  1. It is not controlling if shown to be in error; the true record corner governs Correct answer.
  2. It controls if the prior surveyor was licensed
  3. It controls only if it is made of stone
  4. It always controls because it is a monument

Explanation

A monument controls only when it is the monument called for and is reliably located. If the monument is shown to be in error relative to the original record calls, it does not control. Material, licensure, and mere existence do not confer controlling weight on an erroneous monument.

Question 23Legal Principles of Land Surveying

A Kentucky surveyor is asked to divide a tract among heirs when the deed gives no specific division lines. Which of the following principles generally applies?

  1. The surveyor divides the tract according to the PVA tax map
  2. The surveyor divides the tract into equal areas without any further authority
  3. The tract is divided by agreement of the parties or by court order, and the surveyor executes the division Correct answer.
  4. The surveyor refuses to perform any work until the heirs litigate

Explanation

When a deed lacks division lines, the co-owners must agree on a partition or obtain a court order, and the surveyor then executes the division as directed. The surveyor cannot impose an arbitrary equal-area division. Refusing all work is unnecessary because the surveyor can assist once authority is established.

Question 24Legal Principles of Land Surveying

Which of the following best describes the doctrine of boundary by agreement or acquiescence in Kentucky?

  1. Adjoining owners may establish a boundary by agreement where the true line is uncertain, or by long acquiescence in a line Correct answer.
  2. Any fence automatically becomes the boundary after one year
  3. A surveyor may establish the boundary by agreement without the owners
  4. The doctrine applies only to state-owned land

Explanation

Boundary by agreement applies where adjoining owners settle an uncertain line, and acquiescence may support a boundary where owners treat a line as controlling for a long period. A fence alone does not automatically become the boundary, and the surveyor cannot make the agreement for the owners. The doctrine is not limited to state land.

Question 25Legal Principles of Land Surveying

A Kentucky surveyor is preparing a plat that will be used in a court action to quiet title. Which of the following practices best supports the plat's evidentiary value?

  1. Documenting field evidence, record research, and the reasoning behind each boundary determination Correct answer.
  2. Relying solely on the client's statements about the boundary
  3. Certifying the plat as a final judicial determination
  4. Omitting field evidence that conflicts with the surveyor's opinion

Explanation

A plat's evidentiary value is strengthened by thorough documentation of field evidence, record research, and the surveyor's reasoning. Omitting conflicting evidence undermines credibility, and the client's statements are not a substitute for research. The surveyor cannot certify a judicial determination.

Question 26Legal Principles of Land Surveying

In Kentucky, a surveyor is asked to explain the legal significance of a deed's call for a 'stone' at a corner. Under the hierarchy of calls used by Kentucky courts, how does a natural monument generally rank against a call for course and distance?

  1. Natural monuments control over course and distance. Correct answer.
  2. Course and distance control over natural monuments.
  3. Natural monuments control only if they are specifically noted in the surveyor's plat.
  4. Course and distance and natural monuments are given equal weight and must be reconciled.

Explanation

Kentucky follows the general rule that natural monuments, when sufficiently identified, prevail over courses and distances because they are less likely to be mistaken than measurements. Course and distance yield to the monument called for in the deed.

Question 27Legal Principles of Land Surveying

A Kentucky landowner wants to subdivide a parcel and sell lots by reference to a plat. Which of the following must occur for the plat to be legally effective as a subdivision plat under Kentucky law?

  1. The plat must be signed by a licensed surveyor and mailed to adjacent property owners.
  2. The plat must be approved by the local planning commission and recorded in the county clerk's office. Correct answer.
  3. The plat must be approved by the fiscal court and published in a newspaper of general circulation.
  4. The plat must be recorded before the property is appraised by the property valuation administrator.

Explanation

In Kentucky, subdivision plats require local planning unit approval and must be recorded with the county clerk to give constructive notice and allow lot sales by reference. Recording without approval or approval without recording does not satisfy the statutory process.

Question 28Legal Principles of Land Surveying

A Kentucky surveyor is preparing a boundary survey and discovers that the deed calls for the boundary to run to a marked corner that is now located in the middle of a public road right-of-way. The right-of-way was established after the deed was written. How should the surveyor treat the original corner?

  1. The corner should be treated as lost and the boundary reestablished by course and distance alone.
  2. The original corner location should be perpetuated and shown on the plat, even if it falls within the right-of-way. Correct answer.
  3. The corner should be ignored because the road right-of-way extinguished the original boundary.
  4. The corner should be relocated to the nearest edge of the right-of-way to avoid conflict.

Explanation

A later-acquired right-of-way does not destroy the original boundary corner; the surveyor should locate and perpetuate the original monument position and show it relative to the right-of-way. Ignoring or relocating the corner would misstate the boundary.

Question 29Legal Principles of Land Surveying

In Kentucky, which of the following is true regarding the recording of a deed that is not acknowledged or proven before an authorized officer?

  1. The deed may be recorded but does not provide constructive notice until properly acknowledged and re-recorded.
  2. The deed is valid between the parties but is not entitled to record until acknowledged or proven. Correct answer.
  3. The deed is valid and recordable, and it provides constructive notice from the date of recording.
  4. The deed is void and conveys no interest even between the parties.

Explanation

An unacknowledged deed is generally valid between the grantor and grantee but is not entitled to record under Kentucky's recording statutes until acknowledged or proven. Without proper acknowledgment, recording does not give constructive notice to subsequent purchasers.

Question 30Legal Principles of Land Surveying

A Kentucky surveyor is asked to locate a boundary line that was established by a court judgment in a quiet title action. The judgment describes the line as running between two specified monuments. Which of the following best describes the surveyor's obligation?

  1. The surveyor must locate the line exactly as described in the judgment and may not deviate based on new measurements. Correct answer.
  2. The surveyor should locate the line as described but may adjust it if the monuments are found to be in different positions.
  3. The surveyor should re-survey the line according to the original deed calls and ignore the judgment if it appears erroneous.
  4. The surveyor has no duty to follow the judgment unless the judgment is recorded in the deed books.

Explanation

A final judgment in a quiet title action is binding on the parties and establishes the boundary as a matter of law. The surveyor's role is to locate the line as adjudicated, not to re-litigate or correct the judgment through a new survey.

Question 31Legal Principles of Land Surveying

In Kentucky, a surveyor is reviewing a deed that describes a parcel by reference to a recorded plat. The plat shows a lot with a frontage of 50 feet, but the deed text states '50 feet more or less.' Which of the following is the correct rule of construction?

  1. The discrepancy makes the deed void for uncertainty.
  2. The surveyor should average the plat dimension and the deed text.
  3. The deed text controls because it is the written expression of the parties.
  4. The plat reference controls, and the lot is limited to the dimensions shown on the plat. Correct answer.

Explanation

When a deed incorporates a recorded plat by reference, the plat becomes part of the description and generally controls over inconsistent dimensions in the deed text. The 'more or less' language does not override the specific plat dimensions.

Question 32Legal Principles of Land Surveying

A Kentucky surveyor is hired to prepare a boundary survey for a client who claims title by adverse possession. The surveyor's client has paid taxes on the disputed strip for the statutory period. Which of the following best describes the legal significance of tax payment in a Kentucky adverse possession claim?

  1. Payment of taxes is a mandatory element of adverse possession in Kentucky.
  2. Payment of taxes defeats adverse possession because it shows the possessor recognized the true owner's title.
  3. Payment of taxes is not an element of adverse possession but may be evidence of the claim of right. Correct answer.
  4. Payment of taxes automatically establishes adverse possession after five years.

Explanation

Kentucky's adverse possession doctrine focuses on actual, hostile, open, notorious, exclusive, and continuous possession for the statutory period; tax payment is not a required element. Tax payment may be considered as evidence supporting a claim of right but does not by itself establish title.

Question 33Legal Principles of Land Surveying

In Kentucky, a surveyor is preparing a plat for a property that is subject to a utility easement. The easement was granted by a recorded instrument but has not been used for many years. Which of the following best describes the status of the easement?

  1. The easement is void because it was not used within the statutory period for prescriptive easements.
  2. The easement is extinguished because a utility easement must be used continuously.
  3. The easement is automatically extinguished after ten years of nonuse.
  4. The easement remains valid unless abandoned or extinguished by operation of law. Correct answer.

Explanation

A recorded express easement is not lost merely by nonuse; it remains in force until abandoned or terminated by law. Nonuse alone does not extinguish an express easement in Kentucky.

Question 34Legal Principles of Land Surveying

A Kentucky surveyor is asked to set corners for a parcel that was created by a deed describing the boundary as running 'to the center of the creek.' The creek is non-navigable. Which of the following is the correct rule for locating the boundary?

  1. The boundary follows the low-water mark of the stream.
  2. The boundary follows the high-water mark of the stream.
  3. The boundary follows the thread of the stream, and the grantee takes to the center. Correct answer.
  4. The boundary follows the bank of the stream, and the grantee takes only to the water's edge.

Explanation

For non-navigable streams, Kentucky follows the common law rule that a conveyance to the stream or along it carries title to the thread (center) of the stream unless the deed clearly limits the boundary to the bank. The surveyor should locate the thread of the stream.

Question 35Legal Principles of Land Surveying

In Kentucky, which of the following is required for a valid dedication of land to public use?

  1. An offer by the landowner and acceptance by the public authority. Correct answer.
  2. Recording a plat signed by a licensed surveyor.
  3. Approval by the fiscal court and publication in a newspaper.
  4. Payment of consideration to the landowner.

Explanation

A valid dedication requires an offer by the landowner to dedicate land to public use and acceptance by the proper public authority. Recording a plat or obtaining approvals may evidence the offer, but the essential elements are offer and acceptance.

Question 36Legal Principles of Land Surveying

A Kentucky surveyor is asked to interpret a deed that contains a call for a boundary to run 'to a white oak, thence with the meanders of the creek.' The white oak is found, but the creek has changed course over time. Which of the following is the correct approach?

  1. The surveyor should locate the original meander line as described in the deed, using the best available evidence of the creek's original location. Correct answer.
  2. The surveyor should disregard the creek call and run a straight line between the monument and the next corner.
  3. The surveyor should follow the present course of the creek because the deed incorporates the creek as it exists.
  4. The surveyor should use the present creek course but adjust the boundary to avoid changing the acreage.

Explanation

When a deed calls for a natural feature that has changed, the surveyor should seek to reestablish the feature's original location as described in the deed. Following the present course could alter the boundary contrary to the parties' intent.

Question 37Legal Principles of Land Surveying

In Kentucky, a surveyor is preparing a report for a client who is buying land. The surveyor discovers that the property is subject to a recorded judgment lien against the seller. Which of the following best describes the effect of the lien on the buyer?

  1. The lien may attach to the property and the buyer takes subject to it unless it is satisfied or released. Correct answer.
  2. The lien is unenforceable against the buyer because the buyer did not receive personal notice.
  3. The lien is automatically extinguished by the sale because the buyer is a bona fide purchaser.
  4. The lien is void because it was not noted on the survey plat.

Explanation

A recorded judgment lien against the seller can attach to the property and bind a buyer who takes title, unless the lien is satisfied or released. A surveyor should report such encumbrances so the buyer can address them before closing.

Question 38Legal Principles of Land Surveying

A Kentucky surveyor is asked to locate the boundary of a parcel that was conveyed by a deed containing a general warranty. The deed description is ambiguous. Which of the following rules of construction is most likely to be applied by a Kentucky court?

  1. The ambiguity renders the deed void.
  2. The ambiguity is resolved in favor of the surveyor's interpretation.
  3. The ambiguity is construed against the grantor. Correct answer.
  4. The ambiguity is construed against the grantee.

Explanation

Under Kentucky law, ambiguous deed descriptions are generally construed against the grantor, who drafted the instrument. The surveyor should be aware that the court may favor the grantee's reasonable interpretation.

Question 39Legal Principles of Land Surveying

In Kentucky, a surveyor is asked to establish the boundary of a parcel that fronts on a navigable river. The deed calls for the boundary to run 'to the river.' Which of the following is the correct boundary location?

  1. The boundary is the thread of the river.
  2. The boundary is the center of the riverbed regardless of navigability.
  3. The boundary is the low-water mark of the river. Correct answer.
  4. The boundary is the high-water mark of the river.

Explanation

For navigable waters in Kentucky, the state owns the bed and the riparian owner's boundary generally extends to the low-water mark, subject to public navigation servitude. The thread of the stream rule applies to non-navigable streams.

Question 40Legal Principles of Land Surveying

A Kentucky surveyor is preparing a plat for a client who wants to create a conservation easement over a portion of the property. Which of the following best describes the surveyor's role in establishing the easement?

  1. The surveyor should depict the easement area accurately on the plat and describe it by metes and bounds or reference to the plat. Correct answer.
  2. The surveyor should determine whether the easement qualifies for tax benefits.
  3. The surveyor should record the easement in the county clerk's office on behalf of the client.
  4. The surveyor should draft the easement deed and record it without attorney review.

Explanation

The surveyor's role is to accurately locate and depict the easement area so that the legal description in the easement instrument is reliable. Drafting the deed, determining tax benefits, and recording are typically outside the surveyor's professional scope.

Question 41Boundary Determination and Retracement

A 1988 deed conveys a tract 'beginning at a stone at the northeast corner of the Smith farm, thence south 200 feet to a stone, thence west 150 feet to a stone, thence north to the place of beginning.' A retracement survey finds the two original stones and the stone at the northeast corner of the Smith farm, but the third corner stone is missing. What is the most defensible approach to locating the missing third corner?

  1. Hold the two found stones and accept the bearing of the west line as controlling over the distance
  2. Locate the corner by the intersection of the west line with the line from the northeast corner of the Smith farm
  3. Hold the two found stones and the distance west called for in the deed, since the missing corner was monumented by a stone Correct answer.
  4. Proportion the west call between the found corners using the record distances of the whole boundary

Explanation

For original surveys, monuments called for in the deed control over courses and distances. When a called-for monument is missing but the adjacent monuments are found undisturbed, the record distance is applied from the found monument along the record course. Proportionment is reserved for situations where all original corners are lost and the lines must be reestablished between found corners of a closed figure.

Question 42Boundary Determination and Retracement

Which principle generally governs when a deed description contains an internal conflict between a natural monument and a recited distance?

  1. The conflict is resolved in favor of the grantee
  2. The two calls are averaged to reconcile the conflict
  3. The distance controls because it is the more precise expression of intent
  4. The natural monument controls because it is the more certain evidence of location Correct answer.

Explanation

The established hierarchy of calls places natural monuments above artificial monuments, which rank above courses and distances. A natural monument such as a river, tree, or rock is considered the most reliable indicator of the grantor's intent because it is fixed in place. Distances are the least reliable call and yield to the monument.

Question 43Boundary Determination and Retracement

A surveyor is retracing a boundary described as running 'to a white oak, thence along the meanders of the creek.' The white oak is gone, but a stump and a witness tree marked with the original blaze are found nearby. How should the surveyor treat these remains?

  1. Ignore them because the called-for tree no longer stands
  2. Use the stump only if the record distance to the next corner matches exactly
  3. Treat the stump and witness tree as evidence of the original corner and meander commencement Correct answer.
  4. Replace them with a new monument at the record distance from the previous corner

Explanation

Remains of a called-for monument, such as a stump or a marked witness tree, are admissible evidence of the original corner location. The witness tree corroborates the stump as the site of the white oak. A retracement surveyor should use such evidence to reestablish the corner rather than defaulting to record distances.

Question 44Boundary Determination and Retracement

In the hierarchy of evidence used to retrace boundaries, which call generally ranks highest?

  1. Natural monuments such as rivers and ancient trees Correct answer.
  2. Adjacent tract boundaries and their area
  3. Courses and distances recited in the deed
  4. Calls for adjoining landowners' names

Explanation

Natural monuments rank at the top of the traditional hierarchy of calls, followed by artificial monuments, then adjoining boundaries, then courses and distances, and finally area. A natural monument is the most certain evidence of the line intended by the grantor. Area is generally the weakest call.

Question 45Boundary Determination and Retracement

A parcel is bounded on the north by a non-navigable stream. The deed was executed in 1975 and makes no mention of the streambed. Under the general common-law rule, what does the boundary include?

  1. The near bank plus a strip equal to the record width of the stream
  2. Only the near bank, because the deed is silent on the streambed
  3. Only the thread of the stream, because the grantor retained the bed
  4. The entire streambed to the far bank, because the grantor is presumed to convey to the center of a non-navigable stream Correct answer.

Explanation

Under the common-law rule, a conveyance bounded by a non-navigable stream is presumed to carry title to the thread of the stream, absent contrary language. The question asks what the boundary includes, and the correct answer describes the full reach to the far bank. This presumption reflects the grantor's presumed intent to convey the entire bed of a non-navigable watercourse.

Question 46Boundary Determination and Retracement

A deed calls for a line to run 'north 45 degrees east 300.00 feet' but the same description elsewhere recites a total area that can only be produced by a distance of 310 feet along that course. Which call prevails?

  1. The line is set by the mean of the two distances
  2. Neither; the deed is void for ambiguity
  3. The area, because it is a computed quantity
  4. The distance, because courses and distances outrank area Correct answer.

Explanation

In the hierarchy of calls, courses and distances outrank quantity or area. Area is a computed figure and is the weakest call, so a conflict between a recited distance and a recited area is resolved in favor of the distance. The surveyor follows the course and distance and treats the area as descriptive.

Question 47Boundary Determination and Retracement

A surveyor finds a pipe set at a corner that is described in the deed as a 'stone.' The pipe bears no markings, and the record distance to the next found corner agrees with the deed. What is the most reasonable conclusion?

  1. The pipe proves the deed distance is wrong
  2. The pipe is likely a replacement monument and should be evaluated against other evidence Correct answer.
  3. The pipe is the original corner because a monument was called for
  4. The pipe must be rejected because it does not match the called-for material

Explanation

A monument that does not match the called-for material may be a later replacement set by another surveyor. Its reliability must be weighed against other evidence, such as agreement with record distances and consistency with adjoining corners. Material mismatch alone neither confirms nor defeats the corner.

Question 48Boundary Determination and Retracement

What is the primary purpose of setting witness corners or witness trees at a boundary corner?

  1. To mark the exact mathematical intersection of two record lines
  2. To establish adverse possession notice to adjoining owners
  3. To satisfy the recording statute for subdivision plats
  4. To provide evidence from which the corner can be reestablished if the corner monument is destroyed Correct answer.

Explanation

Witness monuments are placed near a corner, often offset from it, to preserve evidence of the corner's location. If the corner monument is later destroyed, the witness objects allow the corner to be reestablished. They are not intended to mark the mathematical intersection itself.

Question 49Boundary Determination and Retracement

A boundary line is described as running 'to a point on the bank of the Ohio River.' The river has since shifted by gradual accretion, and the deed was written when the river was at its present location minus 40 feet. How should the boundary be located?

  1. At the location of the bank as it existed when the deed was written
  2. At the thread of the river as it existed at the deed date
  3. At the present bank, because the boundary follows the water Correct answer.
  4. At a line 40 feet landward of the present bank

Explanation

Where a boundary follows a river that moves by accretion, the boundary moves with the water under the doctrine of accretion. Gradual, imperceptible changes shift the riparian boundary accordingly. The deed's call to the bank is treated as a call to a moving natural monument.

Question 50Boundary Determination and Retracement

A deed uses the phrase 'more or less' after a distance call. What effect does this phrase generally have on the boundary?

  1. It makes the distance approximate and allows other calls to control location Correct answer.
  2. It voids the distance call entirely
  3. It requires the surveyor to average the recited distance with the measured distance
  4. It converts the distance into an area call

Explanation

The phrase 'more or less' signals that the recited distance is approximate rather than exact. It strengthens the position of monuments and other controlling calls over the distance. The surveyor should not treat the figure as a precise measurement.