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ME Land Surveyor practice questions

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Question 1Boundary Law and Retracement Surveys

A 1908 deed conveys a parcel 'beginning at a granite monument set in the ground at the northeast corner of the grantor's land, thence south 10 chains.' The monument is found intact and undisturbed. Under the priority-of-evidence rule applied in retracement surveys, which call controls the location of that corner?

  1. The bearing and distance recited in the deed
  2. The natural or artificial monument called for in the deed Correct answer.
  3. The area figure stated in the deed
  4. The adjoining owner's fence line as presently occupied

Explanation

Retracement follows a settled hierarchy in which monuments called for in the deed outrank courses, distances, and area. An original monument found undisturbed is the best evidence of the corner as established by the original surveyor. Distances yield to monuments because the monument marks the actual act of the survey.

Question 2Boundary Law and Retracement Surveys

Which term describes the process of re-establishing the boundaries of a parcel that was previously surveyed and patented, using the record and physical evidence of the original survey?

  1. Dedication
  2. Assessment
  3. Condemnation
  4. Retracement Correct answer.

Explanation

Retracement is the reconstruction of original boundary lines and corners from the record plus evidence on the ground. Condemnation, assessment, and dedication are separate legal procedures unrelated to locating existing boundaries. The surveyor retracing does not create new boundaries but recovers old ones.

Question 3Boundary Law and Retracement Surveys

A surveyor finds that a stone bound called for at a lot corner has been displaced by frost heave and now sits two feet from the pit in which it was originally set. What is the most defensible treatment of that corner?

  1. Hold the monument's present position because the deed calls for the stone
  2. Restore the monument to the center of its original pit and hold that position Correct answer.
  3. Hold the nearest fence intersection as the corner
  4. Disregard the stone and set a new monument at the deed distance from the nearest corner

Explanation

A monument's original position, evidenced by its undisturbed pit or socket, controls over its displaced present location. The surveyor re-sets the stone at the center of the original pit and holds that point. The physical stone is evidence, but the pit proves where the original surveyor placed it.

Question 4Boundary Law and Retracement Surveys

In the hierarchy of calls used to resolve an ambiguous boundary description, which call generally ranks highest?

  1. Area or quantity
  2. Bearings and distances
  3. Natural monuments Correct answer.
  4. Adjoining deed descriptions

Explanation

Natural monuments such as rivers, trees, and rock ledges are the strongest calls because they are least likely to be mistaken or altered. Artificial monuments follow, then courses and distances, then area. This ordering reflects the relative reliability of each kind of evidence.

Question 5Boundary Law and Retracement Surveys

A deed describes a parcel as bounded 'by the meander line of the north bank of the river.' The river is non-navigable under state law. What is the general effect of that call on the boundary?

  1. The boundary follows the thread of the stream, with the grantee taking to the center subject to state law Correct answer.
  2. The meander line itself is the boundary and the grantee takes no riverbed
  3. The boundary is the low-water mark on the far shore
  4. The boundary is fixed at the high-water mark regardless of navigability

Explanation

For non-navigable streams, the general rule is that a grant bounded by the water carries to the thread (center) of the stream unless a contrary intent appears. A meander line is generally a line of reference for computing area, not a boundary. Navigability and state-specific rules must still be confirmed.

Question 6Boundary Law and Retracement Surveys

A surveyor must locate a corner of a federal rectangular survey section that was originally marked by a wooden post now missing. Which action best follows accepted retracement practice?

  1. Set a new post at the record bearing and distance from the nearest existing original corner
  2. Use the nearest road intersection as the corner
  3. Re-establish the corner by proportionate measurement between the nearest original corners Correct answer.
  4. Establish the corner at the centroid of the section as computed from the record

Explanation

When an original corner is lost, it is re-established by proportionate measurement between the nearest existing original corners of the same survey. Single-proportion or double-proportion methods distribute the record discrepancy. A new post set by record distance alone ignores the evidence of the surviving corners.

Question 7Boundary Law and Retracement Surveys

Which of the following best describes an 'obliterated' corner as distinguished from a 'lost' corner in boundary retracement?

  1. A corner that lies outside the parcel being retraced
  2. A corner marked by a monument that has been moved to a new location
  3. A corner whose monument no longer exists but whose position can be recovered from remaining evidence Correct answer.
  4. A corner that was never established by the original survey

Explanation

An obliterated corner is one where the monument is gone but its position can still be recovered from evidence such as pits, mounds, bearing trees, or the testimony of witnesses. A lost corner has no such surviving evidence and must be re-established by proportion. The distinction determines the method used.

Question 8Boundary Law and Retracement Surveys

A boundary line is described as running 'thence to a large white oak tree standing on the bank of the creek.' The tree has fallen and decayed, but a stump and witness marks remain. How should the surveyor treat the call?

  1. Locate the corner at the remaining stump and other evidence of the original tree Correct answer.
  2. Locate the corner at the center of the creek
  3. Locate the corner at the nearest living tree of the same species
  4. Disregard the tree call and run the record distance instead

Explanation

A natural monument named in a deed remains controlling even after decay if its location can be proven by remains or other evidence. The stump and witness marks establish where the original tree stood. Record distances yield to a proven natural monument.

Question 9Boundary Law and Retracement Surveys

Which doctrine holds that a boundary line long acquiesced in by adjoining owners may be treated as the true line even if it differs from the deed line?

  1. Doctrine of practical location by acquiescence Correct answer.
  2. Rule against perpetuities
  3. Doctrine of merger by deed
  4. Doctrine of cy pres

Explanation

Practical location by acquiescence treats a long-recognized line as binding when adjoining owners have treated it as the boundary for a substantial period. It rests on the parties' conduct and reliance rather than the record description. Merger, perpetuities, and cy pres are unrelated legal doctrines.

Question 10Boundary Law and Retracement Surveys

An adjoining landowner has openly used a strip of a neighbor's land as a driveway for the statutory period, but the deed description of both parcels is clear. Which doctrine is the neighbor most likely to invoke to claim the strip?

  1. Adverse possession Correct answer.
  2. Escheat
  3. Dedication
  4. Easement by necessity

Explanation

Adverse possession can ripen into title when use is actual, open, notorious, exclusive, hostile, and continuous for the statutory period. A clear deed line does not by itself defeat such a claim. Easement by necessity, dedication, and escheat address different situations.

Question 11Boundary Law and Retracement Surveys

A deed calls for a boundary to run 'north 45 degrees east 500 feet to a stake.' No stake is found, but an original bearing tree marked with the surveyor's blaze stands nearby. What principle guides the surveyor?

  1. The area of the parcel controls
  2. The bearing controls because it is stated first
  3. The recited distance controls because the stake is missing
  4. The bearing tree is a monument and controls over the recited distance Correct answer.

Explanation

A bearing tree marked by the original surveyor is a monument and outranks the recited course and distance. Its position fixes the corner even though the stake is gone. Distance and bearing are subordinate calls.

Question 12Boundary Law and Retracement Surveys

Which statement correctly describes the treatment of excess or deficiency in a subdivision lot when the original lot corners all exist?

  1. Excess and deficiency are ignored when corners exist
  2. Excess or deficiency is prorated among the lot lines in proportion to their record lengths Correct answer.
  3. The excess is assigned entirely to the last lot in the block
  4. The deficiency is charged to the first lot in the block

Explanation

When original corners exist but the block does not close on record, the discrepancy is apportioned among the lot lines in proportion to their record lengths. This preserves the relative positions intended by the plat. Assigning all error to one lot distorts the original scheme.

Question 13Boundary Law and Retracement Surveys

A metes-and-bounds description reads in part: 'thence south 30 degrees west 200 feet to a point; thence south 60 degrees east 200 feet to a point.' Which term best describes the angle formed at the intermediate point?

  1. An interior angle of 120 degrees
  2. An interior angle of 150 degrees
  3. An interior angle of 30 degrees
  4. An interior angle of 90 degrees Correct answer.

Explanation

The first course bears S30W and the second S60E. Measured from south, the first is 30 degrees west of south and the second is 60 degrees east of south, so the angle between them is 30 plus 60, or 90 degrees. The interior angle at that vertex is therefore 90 degrees.

Question 14Boundary Law and Retracement Surveys

Which of the following is the best example of an artificial monument called for in a deed?

  1. A rock outcrop
  2. A river bank
  3. An iron pin set by the original surveyor Correct answer.
  4. A ridge line

Explanation

Artificial monuments are objects placed by people, such as iron pins, stone bounds, and posts. Natural monuments are features of the landscape such as rivers, rocks, and ridges. Both outrank courses, distances, and area, but the categories are distinct.

Question 15Boundary Law and Retracement Surveys

A surveyor retracing a parcel finds that the deed calls for the boundary to follow a stone wall that no longer exists, but an old fence line and a line of mature trees mark the same course. What is the best approach?

  1. Reject the deed call because the wall is gone
  2. Run the record bearing and distance and ignore the field evidence
  3. Set the line midway between the fence and the record course
  4. Use the fence and tree line as evidence corroborating the location of the former wall Correct answer.

Explanation

Field evidence such as an old fence and a line of trees can corroborate the location of a vanished monument called for in the deed. The surveyor weighs that evidence rather than defaulting to record distance. The original call remains controlling where its location can be shown.

Question 16Boundary Law and Retracement Surveys

In the federal rectangular system, what is the standard method for re-establishing a lost standard corner on a township line?

  1. Double proportionate measurement using corners on two intersecting lines
  2. Setting the corner at the midpoint of the township line
  3. Running the record distance from the nearest township corner
  4. Single proportionate measurement between the nearest original corners on the line Correct answer.

Explanation

A lost corner on a single line, such as a standard corner on a township line, is re-established by single proportionate measurement between the nearest existing original corners on that line. Double proportionate measurement is used for corners at the intersection of two lines, such as section corners. The method must match the geometry of the corner.

Question 17Boundary Law and Retracement Surveys

Which phrase best describes a 'senior' right in the context of conflicting boundary descriptions between adjoining parcels?

  1. The right established by the earlier valid conveyance or survey Correct answer.
  2. The right held by the owner who recorded last
  3. The right held by the owner with the larger parcel
  4. The right held by the owner whose deed contains more monuments

Explanation

The senior right is the earlier valid conveyance or survey, and it generally prevails over a later junior right when the two conflict. Priority in time is the basis of the doctrine. Parcel size, recording order, and the number of monuments do not define seniority.

Question 18Boundary Law and Retracement Surveys

A deed conveys land 'bounded on the north by the centerline of Elm Street.' The street is a public right-of-way dedicated by plat, and the abutting owner's deed is silent on the fee to the centerline. What is the general presumption regarding the street?

  1. The abutter takes only to the street's edge and the fee remains with the dedicator
  2. The abutter takes the full fee free of any easement
  3. The abutter takes to the centerline of the street subject to the public easement Correct answer.
  4. The abutter takes no interest in the street

Explanation

When a deed bounds land on a street and is silent on the fee, the general presumption is that the abutter takes to the centerline, subject to the public easement. The public holds an easement for travel, not the underlying fee. This rule is subject to state variation and must be confirmed locally.

Question 19Boundary Law and Retracement Surveys

Which of the following statements about the role of the surveyor in a retracement is most accurate?

  1. The surveyor creates new boundary lines that replace the original ones
  2. The surveyor locates and marks the original boundary as established by the prior survey Correct answer.
  3. The surveyor has authority to decide questions of title between neighbors
  4. The surveyor may relocate a boundary to correct an error in the original deed

Explanation

A retracement surveyor recovers and marks the boundary as originally established, not a new one. Questions of title and legal construction of deeds belong to the courts. The surveyor's role is evidentiary and technical.

Question 20Boundary Law and Retracement Surveys

A parcel is described as 'the north half of the southwest quarter of Section 12.' Assuming a regular section, what is the approximate area of the parcel?

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

Explanation

A quarter section is 160 acres, and the north half of that quarter is 80 acres. The subdivision of a regular section follows halving of the quarter. Irregular sections or fractional lots require adjustment for actual measurements.

Question 21Boundary Law and Retracement Surveys

A surveyor finds an original iron pin at a lot corner but also finds that the plat distance to the next corner does not match the measured distance. Which is the proper treatment?

  1. Average the plat and measured distances
  2. Ignore the pin because the distance does not close
  3. Move the pin to match the plat distance
  4. Hold the original pin and accept the measured distance to the next found corner Correct answer.

Explanation

Original monuments control over record distances, so the pin is held where found and the discrepancy is absorbed in the measured line. The plat distance is evidence of intent but yields to the monument. Averaging or moving the monument would destroy original evidence.

Question 22Boundary Law and Retracement Surveys

Which term describes a monument that is set by a surveyor to mark a corner position determined by retracement where no original monument survives?

  1. A witness corner
  2. An original monument
  3. A re-established or perpetuated corner Correct answer.
  4. A reference monument

Explanation

A corner re-established where the original is lost is marked with a new monument, often called a perpetuated or re-established corner. It represents the best determination of the original position. Original monuments and witness or reference monuments serve different evidentiary roles.

Question 23Boundary Law and Retracement Surveys

A deed conveys a parcel 'containing 10 acres, more or less,' and the courses and distances describe a tract that actually computes to 9.2 acres. A monument called for at one corner is found. Which statement best reflects the controlling principle?

  1. The courses and distances control because area is merely descriptive
  2. The acreage figure controls because it is expressly stated
  3. The parcel must be enlarged to exactly 10 acres
  4. The monument controls, and the area figure yields to the located boundaries Correct answer.

Explanation

Monuments control over courses, distances, and area, and an acreage stated as 'more or less' is descriptive only. The located boundaries define the parcel regardless of the computed area. The surveyor does not enlarge the tract to reach the stated figure.

Question 24Boundary Law and Retracement Surveys

Which of the following is the strongest evidence of the original location of a lost section corner?

  1. An original bearing tree with the surveyor's marks still standing Correct answer.
  2. Testimony that a post once stood 'somewhere near the road'
  3. A nearby fence corner built by a recent owner
  4. A computed position from the record plat

Explanation

An original bearing tree bearing the surveyor's marks is direct evidence of the original corner location and outranks fences, computations, and vague testimony. Bearing trees were commonly used to witness corners. Their marks tie them to the original survey.

Question 25Boundary Law and Retracement Surveys

An owner claims a boundary by estoppel after a neighbor pointed out a line and the owner built a barn relying on it. Which element is most essential to establishing boundary by estoppel?

  1. The line must match the record deed exactly
  2. The owner must show detrimental reliance on the neighbor's representation Correct answer.
  3. The owner must have occupied the land for the statutory period
  4. The neighbor must have recorded a corrected deed

Explanation

Boundary by estoppel requires a representation or acquiescence by one party and detrimental reliance by the other. The reliance element distinguishes estoppel from adverse possession. Recording, exact record conformity, and the statutory period are not the essential test.

Question 26Boundary Law and Retracement Surveys

In the hierarchy of evidence used to resolve conflicting boundary calls in a deed, which call generally controls over all others?

  1. Adjoining owners' testimony
  2. Natural monuments Correct answer.
  3. Courses and distances
  4. Area or quantity

Explanation

The general rule of boundary evidence ranks natural monuments highest because they are the most permanent and least likely to be mistaken. Courses and distances, area, and parol testimony are subordinate and yield when they conflict with a well-established natural monument.

Question 27Boundary Law and Retracement Surveys

A deed describes a boundary as running to 'a stone marked X at the northeast corner of the Brown tract.' The stone is found, but its markings are weathered and only partially legible. What is the surveyor's proper action?

  1. Reject the stone because the markings are not fully legible and set a new corner by proportion.
  2. Replace the stone with a new monument at the computed deed position.
  3. Disregard the stone and rely solely on the deed distance to the next call.
  4. Accept the stone as the best available evidence of the original corner and hold it. Correct answer.

Explanation

An original monument called for in the deed is the highest evidence of the corner's location, and weathering does not destroy its status if it can be identified by position, markings, or other corroborating evidence. The surveyor should hold the stone and note its condition rather than reject it.

Question 28Boundary Law and Retracement Surveys

When a surveyor retraces a boundary and finds that a deed calls for a line to run 'to the center of the creek,' but the creek has gradually shifted over time, which principle generally governs the boundary location?

  1. The boundary is fixed at the creek's location as shown on the original government survey.
  2. The boundary remains at the original surveyed line regardless of the creek's movement.
  3. The boundary is determined by the average of the original and present centerlines.
  4. The boundary follows the creek's present centerline under the doctrine of accretion. Correct answer.

Explanation

When a boundary is a natural watercourse and the change results from accretion or erosion, the boundary moves with the water under the doctrine of accretion. The original line does not remain fixed unless the change was caused by avulsion.

Question 29Boundary Law and Retracement Surveys

A surveyor is retracing a parcel and finds that the deed calls for a boundary to run along a fence that was built by the original grantor. The fence is not mentioned in the deed but has been in place for 30 years. What is the fence's evidentiary value?

  1. It must be ignored because only natural monuments control.
  2. It has no value because it is not called for in the deed.
  3. It automatically establishes the boundary by adverse possession.
  4. It is a monument that may be evidence of the original boundary location. Correct answer.

Explanation

A fence not called for in the deed may still be treated as a monument if it can be shown to have been erected to mark the boundary by the original parties. Its age and origin make it potentially strong evidence of the original line.

Question 30Boundary Law and Retracement Surveys

Which of the following best describes the rule of 'intention' as applied in boundary retracement?

  1. The surveyor must rely solely on the recorded plat.
  2. The surveyor must determine the location the original parties intended to convey, using all available evidence. Correct answer.
  3. The surveyor must give priority to the area stated in the deed over monuments.
  4. The surveyor must follow the literal words of the deed regardless of the parties' intent.

Explanation

The goal of retracement is to locate the boundary as the original parties intended it, not merely to follow the deed's literal calls. All available evidence, including monuments, occupation lines, and parol testimony, is weighed to ascertain that intent.

Question 31Boundary Law and Retracement Surveys

A deed conveys a lot by reference to a recorded subdivision plat. The plat shows a 10-foot utility easement along the rear lot line, but the deed makes no mention of it. What is the status of the easement?

  1. It is incorporated by reference because the deed refers to the plat. Correct answer.
  2. It is only an offer to dedicate that the lot owner may reject.
  3. It is not part of the conveyance because it is not recited in the deed.
  4. It is void unless separately recorded.

Explanation

When a deed refers to a plat, the plat is incorporated into the deed by reference, and all its terms, including easements, become part of the conveyance. The easement is therefore binding even though not separately recited.

Question 32Boundary Law and Retracement Surveys

In a retracement survey, a surveyor discovers that the original government survey corner was a wooden post that has since rotted away. The surveyor finds the original bearing trees still standing. What is the proper method for re-establishing the corner?

  1. Set a new corner at the intersection of the deed lines by proportion.
  2. Set the corner at the midpoint between the two nearest existing corners.
  3. Use the nearest section corner and measure the record distance.
  4. Re-establish the corner by intersecting lines from the bearing trees. Correct answer.

Explanation

Bearing trees are original evidence of the corner's location, and the corner is re-established by intersecting lines from the trees. Proportion is used only when no original evidence remains.

Question 33Boundary Law and Retracement Surveys

Which of the following statements about the treatment of a 'meander line' in a boundary survey is correct?

  1. A meander line must be used to establish the boundary when the water body is non-navigable.
  2. A meander line is not a boundary but is used to compute the area of the upland. Correct answer.
  3. A meander line is a boundary line that fixes the limit of title.
  4. A meander line is the same as the ordinary high-water mark for title purposes.

Explanation

A meander line is run to determine the quantity of land in a parcel bordering water and is not itself a boundary of title. The true boundary is the water body, such as the ordinary high-water mark for navigable waters or the thread of the stream for non-navigable waters, depending on state law.

Question 34Boundary Law and Retracement Surveys

A surveyor is asked to retrace a boundary described as 'beginning at a point on the north line of Section 14, 100 feet west of the northeast corner of the northwest quarter.' Which principle applies if the northeast corner of the northwest quarter is found to be 5 feet west of its record position?

  1. The point is set by proportion between the found section corners.
  2. The found corner controls, and the point is set 100 feet west of the found corner. Correct answer.
  3. The record position controls, and the point is set from the record corner.
  4. The point is set at the record distance from the nearest section corner.

Explanation

The found original corner is the best evidence of the true corner location, and distances called for in the deed are measured from that found corner. The record position does not override the physical monument.

Question 35Boundary Law and Retracement Surveys

Which of the following is an example of a 'call for an adjoiner' in a metes-and-bounds description?

  1. Thence North 10 degrees East 200.00 feet to an iron pin.
  2. Thence to the southwest corner of the adjoining Smith tract. Correct answer.
  3. Thence to a point 50 feet from the creek bank.
  4. Thence along the centerline of the county road.

Explanation

A call for an adjoiner identifies a boundary by reference to a neighboring property or owner, such as the corner of the Smith tract. It is a form of monument call that may control over courses and distances.

Question 36Boundary Law and Retracement Surveys

A retracement survey reveals that a deed line calls for a distance of 500.00 feet between two original stone monuments, but the measured distance is 497.50 feet. How should the surveyor resolve this discrepancy?

  1. Average the record and measured distances and set the corner accordingly.
  2. Use the record distance and ignore the monuments.
  3. Set new monuments at the record distance of 500.00 feet.
  4. Hold the monuments and note the discrepancy, as the monuments control over the record distance. Correct answer.

Explanation

Original monuments control over record courses and distances. The surveyor should hold the found monuments and report the discrepancy rather than altering the corner locations to match the deed.

Question 37Boundary Law and Retracement Surveys

Under the doctrine of boundary by agreement, which of the following is required for adjoining owners to establish a boundary different from the deed line?

  1. A written agreement recorded in the county records.
  2. Payment of consideration between the parties.
  3. An uncertain or disputed boundary, an agreement to fix it, and performance or acquiescence. Correct answer.
  4. Approval by the local governing body.

Explanation

Boundary by agreement requires that the true boundary be uncertain or disputed, that the parties agree on a line, and that they perform under the agreement or acquiesce in the line. It does not require a recorded writing or consideration.

Question 38Boundary Law and Retracement Surveys

A surveyor is retracing a parcel and finds that the deed calls for a boundary to run 'to a point on the south bank of the river.' The river has changed course by avulsion, leaving the old bank dry. What is the boundary location?

  1. The meander line as shown on the original survey.
  2. The present south bank of the river.
  3. The thread of the present river.
  4. The old south bank as it existed before the avulsion. Correct answer.

Explanation

When a river changes course by avulsion, the boundary remains at the old bank or channel as it existed before the sudden change. The doctrine of accretion, which moves the boundary with gradual changes, does not apply to avulsion.

Question 39Boundary Law and Retracement Surveys

In the context of retracement, what is the significance of a 'witness corner'?

  1. It is a corner set at the intersection of two boundary lines.
  2. It is a monument placed near a corner to help locate it if the corner monument is destroyed. Correct answer.
  3. It is a corner that has been legally established by a court judgment.
  4. It is a corner established by the government survey that marks a township boundary.

Explanation

A witness corner is an accessory monument set at a measured offset from the true corner, often because the true corner cannot be monumented at its exact location. It serves as evidence to re-establish the corner if the primary monument is lost.

Question 40Boundary Law and Retracement Surveys

A surveyor is retracing a boundary and must decide between a found original iron pin and a later-set concrete monument at a different location. Which principle guides the decision?

  1. The monument set by a licensed surveyor controls over an original pin.
  2. The monument closer to the record position controls.
  3. The original monument controls because it is the best evidence of the original survey. Correct answer.
  4. The later monument controls because it is more permanent.

Explanation

Original monuments, even if less permanent in material, are the best evidence of the original survey and control over later-set monuments. A later monument, even if more substantial, cannot override the original evidence.

Question 41Evidence, Monuments, and Records Research

A surveyor finds a stone marker at a property corner that does not match the bearing called for in the deed. Under the hierarchy of evidence used in boundary retracement, how should the surveyor treat this monument?

  1. The monument generally controls over the deed's bearing and distance if it is the original corner Correct answer.
  2. The monument controls only if its position matches the deed distance within one foot
  3. The deed bearing controls because written record always outranks physical evidence
  4. The monument is ignored unless a second surveyor independently confirms it

Explanation

In boundary retracement, original monuments set by the original survey generally control over courses and distances recited in the deed, because the monument is the best evidence of the corner's true location. Distances and bearings yield to original monuments, which is a foundational rule of evidence hierarchy in boundary law. The surveyor should first establish whether the stone is the original corner before applying this rule.

Question 42Evidence, Monuments, and Records Research

Which of the following is the best example of a 'call for a natural monument' in a deed description?

  1. 'to the intersection of two centerlines of record roads'
  2. 'thence North 45 degrees East 200.00 feet'
  3. 'to a point on the north bank of Cedar Creek' Correct answer.
  4. 'to an iron pin set by Jones Surveying in 1998'

Explanation

A natural monument is a feature of nature such as a river, creek, tree, or rock, and a call to the bank of Cedar Creek is a classic natural monument call. Artificial monuments are objects placed by people, such as iron pins or stakes. Record road centerlines are legal/record calls rather than natural monuments.

Question 43Evidence, Monuments, and Records Research

When a surveyor discovers that a deed calls for a distance of 500.00 feet but the original monument is found at 497.50 feet, the general retracement principle is to:

  1. Average the two positions and set the corner at 498.75 feet
  2. Reject both and require a new deed from the adjoining owners
  3. Hold the distance and set a new corner at 500.00 feet
  4. Hold the monument and note the discrepancy in the record of survey Correct answer.

Explanation

Original monuments generally control over recited distances, so the retracement surveyor holds the monument's position and documents the discrepancy. The survey exists to retrace, not to correct, the original boundary. Setting a new corner at the deed distance would relocate a boundary the original surveyor already established.

Question 44Evidence, Monuments, and Records Research

What is the primary purpose of a record of survey or corner record filed after a retracement?

  1. To establish the assessed value of the parcel
  2. To replace the original deed of record
  3. To transfer title from one owner to another
  4. To provide public notice of the surveyor's findings, including monument and discrepancy information Correct answer.

Explanation

A record of survey or corner record is a public document that memorializes the surveyor's findings, including monuments found or set and any discrepancies discovered. It does not convey title, replace a deed, or set assessed value. Its function is to preserve evidence for future surveyors and the public.

Question 45Evidence, Monuments, and Records Research

Which source is generally the most reliable primary evidence of the original location of a public land survey corner?

  1. A tax assessor's map
  2. A modern GIS parcel layer
  3. The original field notes and plat of the government survey Correct answer.
  4. A neighboring owner's fence line

Explanation

Original field notes and plats from the government survey are primary evidence of the corner's original location because they were created by the surveyor who established it. GIS layers, tax maps, and fences are secondary or derived evidence. Retracement begins with the original record before considering later sources.

Question 46Evidence, Monuments, and Records Research

A surveyor is retracing a boundary and finds no monument at a corner called for in a deed but finds evidence of an older fence line. What is the most defensible first step?

  1. Ignore the fence because occupation evidence is never admissible
  2. Rely solely on the current owner's statement about the boundary
  3. Research the chain of title and prior survey records to determine the intended corner Correct answer.
  4. Set a new monument at the deed distance and file a record of survey

Explanation

When a called-for monument is missing, the surveyor should research the chain of title and prior survey records to reconstruct the original corner before setting anything. Occupation evidence such as a fence may be relevant corroboration but does not by itself define the boundary. Setting a new monument prematurely can perpetuate error.

Question 47Evidence, Monuments, and Records Research

In the hierarchy of boundary evidence, which of the following generally ranks highest?

  1. Area or quantity recited in the deed
  2. Calls for adjoining owners' boundaries
  3. Courses and distances recited in the deed
  4. Original monuments Correct answer.

Explanation

The traditional hierarchy places natural and original monuments above courses, distances, and area. Area is generally the weakest call and yields to more specific evidence. Adjoining boundary calls rank above area but below monuments.

Question 48Evidence, Monuments, and Records Research

A surveyor finds an iron pipe at a corner that bears an old cap stamped with a registered surveyor's license number. This object is best classified as:

  1. A reference mark only, with no evidentiary value
  2. A natural monument
  3. A witness corner
  4. An artificial monument Correct answer.

Explanation

An iron pipe with a surveyor's cap is a man-made object placed to mark a corner, which makes it an artificial monument. A natural monument is a feature of nature. A witness corner is set near, but not at, the true corner, and a reference mark is a supplementary tie.

Question 49Evidence, Monuments, and Records Research

A deed calls for a boundary to run 'to a white oak' that no longer exists. The surveyor finds stumps and an old fence corner in the vicinity. What principle guides the surveyor's reconstruction?

  1. Only a court can reestablish a lost corner
  2. The corner is permanently lost and cannot be reestablished
  3. The surveyor may reestablish the corner using the best available evidence, including stump location and occupation lines Correct answer.
  4. The corner must be set at the deed distance from the last confirmed point regardless of evidence

Explanation

When a called-for monument is destroyed, the corner is not necessarily lost; the surveyor may reestablish it using the best available evidence, such as remaining stump evidence, bearing trees, and occupation lines. Reestablishment is a core surveyor function. Courts resolve disputes, but they do not have to act before a surveyor can reestablish a corner.

Question 50Evidence, Monuments, and Records Research

Under the rules for reestablishing an obliterated corner in the public land survey system, which approach is generally correct when the original corner position can be recovered from evidence?

  1. Reestablish the corner at the recovered original position Correct answer.
  2. Set the corner at the deed distance from the nearest found corner
  3. Set the corner at the midpoint between the two nearest found corners
  4. Reestablish the corner by single proportionate measurement from the nearest standard corners

Explanation

An obliterated corner is one whose position can be recovered from evidence such as bearing trees, accessories, or reliable testimony, and it is reestablished at that recovered position. Proportionate measurement applies to lost corners where no evidence of the original position survives. The distinction between obliterated and lost corners drives the method.