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MN Land Surveyor practice questions

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Question 1Boundary Determination and Retracement

Under Minnesota practice, when a subdivision plat's lot lines conflict with the distances called in the original government survey of the section, which control generally governs the location of the plat lot corners?

  1. The plat as recorded, because the plat monumentation and bearings control over the original survey Correct answer.
  2. The nearest aliquot part corner regardless of the plat lines
  3. The area computed from the acreage shown on the plat
  4. The distances recited in the original government survey field notes

Explanation

A recorded plat is itself a monument and its lines, bearings, and distances, when supported by physical monumentation, generally control over the older government survey calls. The original survey remains the framework for the section, but the plat creates new interior boundaries that govern lot locations.

Question 2Boundary Determination and Retracement

A Minnesota surveyor retracing a section finds the original quarter corner monument intact and undisturbed. What is the proper treatment of that monument?

  1. Average it with the computed position from the field notes
  2. Hold it as controlling for the corner position and base the retracement on it Correct answer.
  3. Replace it with a new monument at the record position
  4. Reject it because it does not match the record bearing

Explanation

An original, undisturbed monument is the best evidence of the corner's location and controls over record bearings and distances. The retracement proceeds from that monument, and the record is used to check rather than to override it.

Question 3Boundary Determination and Retracement

In reestablishing a lost corner in Minnesota, which principle best describes the proper order of evidence a surveyor should apply?

  1. Prefer existing controlling monuments, then record calls, then proportionate measurement between known corners Correct answer.
  2. Prefer the most recently set monument regardless of its origin
  3. Prefer the record distance, then the record bearing, then any available monument
  4. Prefer the area shown on the plat, then the record distance, then monuments

Explanation

Retracement principles rank evidence with controlling monuments first, then record calls, and proportionate measurement as a method to position a lost corner between known corners. Area and recent monuments do not control over original evidence.

Question 4Boundary Determination and Retracement

A surveyor must reestablish a lost standard corner of a Minnesota section. Proportionate measurement is appropriate when which condition is present?

  1. The corner is the only known point in the section
  2. The corner is between two known corners whose positions are accepted Correct answer.
  3. The original field notes give no distances at all
  4. The corner lies outside the section boundary

Explanation

Proportionate measurement positions a lost corner by distributing the discrepancy between two known, accepted corners along the record distances. It requires known corners on either side to serve as the basis for the proportion.

Question 5Boundary Determination and Retracement

In Minnesota, what is the primary purpose of filing a certificate of survey (record of survey) for a boundary retracement?

  1. To provide a public record of the surveyor's boundary determination and monumentation Correct answer.
  2. To transfer title to the surveyed parcel
  3. To certify that no boundary dispute exists
  4. To establish the legal description that replaces all prior descriptions

Explanation

A certificate of survey creates a public record of the surveyor's work, including monuments set and the boundary determination, without conveying title. Title transfer and legal description changes are separate legal acts.

Question 6Boundary Determination and Retracement

A Minnesota surveyor discovers that a fence has been treated as the boundary for many years while the deed line lies several feet away. Which doctrine may the surveyor need to consider in advising the client?

  1. Rule of adverse possession only
  2. Doctrine of practical location of boundaries Correct answer.
  3. Rule of statutory dedication
  4. Doctrine of riparian accretion

Explanation

The doctrine of practical location allows a long-acquiesced boundary line, such as a fence, to be treated as the true boundary under certain conditions. Adverse possession is a related but distinct theory, and accretion and dedication address different situations.

Question 7Boundary Determination and Retracement

When retracing a Minnesota section line, a surveyor finds the original bearing tree still standing at the corner. How should the bearing tree be used?

  1. Use it as corroborating evidence of the corner's location Correct answer.
  2. Discard it because only the corner monument matters
  3. Treat it as controlling over the corner monument
  4. Use it only if the corner monument is missing

Explanation

Bearing trees recorded in the original survey serve as corroborating evidence that supports the location of the corner monument. They do not override an existing corner monument but strengthen the identification of the corner.

Question 8Boundary Determination and Retracement

A Minnesota deed describes a parcel as beginning at a described monument and running by metes and bounds. When the monument and the record distance conflict, which generally controls?

  1. The bearing recited in the deed
  2. The record distance
  3. The monument called for in the deed Correct answer.
  4. The area recited in the deed

Explanation

In metes and bounds descriptions, a called-for monument generally controls over the recited distance or bearing because it is the more certain evidence of the parties' intent. Distances and bearings yield to the monument when they conflict.

Question 9Boundary Determination and Retracement

In a Minnesota section, the surveyor is retracing the north line and finds both the northeast and northwest section corners are original and accepted. The north quarter corner is lost. What method should be used to reestablish it?

  1. Random traverse from the nearest plat corner
  2. Setting it at the arithmetic midpoint of the section's diagonal
  3. Two-point intersection using the south quarter corner
  4. Single proportionate measurement along the north line between the two section corners Correct answer.

Explanation

A lost quarter corner on a line between two accepted original section corners is reestablished by single proportionate measurement along that line. The proportion distributes the measured discrepancy according to the record distances.

Question 10Boundary Determination and Retracement

A Minnesota surveyor finds that an original section corner monument has been moved by construction. What is the proper approach to the corner location?

  1. Ignore the corner entirely and use only the deed distances
  2. Reject the disturbed monument and reestablish the corner from other acceptable evidence Correct answer.
  3. Accept the moved monument as controlling because it is original
  4. Set a new monument at the moved position and note it as original

Explanation

A monument that has been disturbed or moved loses its status as reliable evidence and should not control. The surveyor reestablishes the corner using other acceptable evidence, such as bearing trees, accessory monuments, and record calls.

Question 11Boundary Determination and Retracement

Which Minnesota statute generally governs the recording of plats and the surveyor's certification on a plat?

  1. Minnesota Statutes chapter 103E
  2. Minnesota Statutes chapter 505 Correct answer.
  3. The Minnesota Government Data Practices Act
  4. Minnesota Statutes chapter 515B

Explanation

Minnesota Statutes chapter 505 addresses plats and the requirements for their preparation, certification, and recording. The other chapters cited address data practices, drainage, and common interest ownership, respectively.

Question 12Boundary Determination and Retracement

In retracing a Minnesota boundary, a surveyor finds a discrepancy between the record bearing and the measured bearing between two original monuments. What is the proper treatment?

  1. Average the record and measured bearings and reset the monuments
  2. Rotate the monuments to match the record bearing
  3. Hold the original monuments and note the bearing discrepancy in the survey record Correct answer.
  4. Discard the monuments and use the record bearing

Explanation

Original monuments control over record bearings, so the surveyor holds the monuments and documents the discrepancy. The record bearing is used as a check, not as authority to move controlling monuments.

Question 13Boundary Determination and Retracement

A Minnesota surveyor is retracing a boundary along a meandered lake. Which principle generally applies to the location of the boundary between the upland owner and the state?

  1. The boundary generally follows the ordinary high water level of the lake Correct answer.
  2. The boundary is fixed at the meander line regardless of the water
  3. The boundary is set by the nearest section corner
  4. The boundary is the centerline of the lake

Explanation

For meandered lakes in Minnesota, the boundary between upland and sovereign land generally follows the ordinary high water level. The meander line is a reference for area computation, not the legal boundary.

Question 14Boundary Determination and Retracement

What does the term 'corner' mean in the context of Minnesota public land survey retracement?

  1. Any point where two fences meet
  2. A point determined by the original survey that marks a boundary position Correct answer.
  3. The intersection of two deed lines regardless of monumentation
  4. The center of a section only

Explanation

A corner is a point established by the original survey that fixes a boundary position, whether or not a physical monument survives. Fence intersections and deed line crossings are not corners unless they coincide with the surveyed position.

Question 15Boundary Determination and Retracement

A Minnesota surveyor must set a lost quarter corner where only one adjacent original corner is available and the other is also lost. What is the appropriate approach?

  1. Set the corner at the midpoint of the section diagonal
  2. Decline to set the corner until both adjacent corners are found
  3. Proportion between the one known corner and the nearest recovered evidence such as bearing trees or accessory monuments Correct answer.
  4. Set the corner at the record distance from the known corner without further evidence

Explanation

When an adjacent corner is also lost, the surveyor uses the best available evidence, including accessory monuments and bearing trees, to establish a controlling position before proportioning. Record distance alone is not sufficient when better evidence can be recovered.

Question 16Boundary Determination and Retracement

Which of the following best describes the role of the original government survey field notes in a Minnesota boundary retracement?

  1. They are controlling over all monuments found in the field
  2. They are inadmissible and may not be used
  3. They provide record evidence used to check and support the location of corners and lines Correct answer.
  4. They replace the need for any field investigation

Explanation

Field notes are record evidence that supports and checks the location of corners and lines during a retracement. They do not control over original monuments and do not eliminate the need for field work.

Question 17Boundary Determination and Retracement

A Minnesota surveyor is asked to locate a boundary that has been the subject of a quiet title judgment. What is the effect of the judgment on the surveyor's boundary determination?

  1. The judgment applies only to the state, not to private owners
  2. The surveyor may disregard the judgment if the monuments disagree
  3. The judgment establishes the boundary as a matter of law and the survey should reflect it Correct answer.
  4. The judgment has no effect on the survey

Explanation

A quiet title judgment determines the boundary as a matter of law and binds the parties, so the survey should reflect the adjudicated line. The surveyor's measurement does not override a court's determination of the boundary.

Question 18Boundary Determination and Retracement

In Minnesota, what is the significance of a 'witness corner' or 'accessory monument' in retracement?

  1. It marks the center of the section
  2. It establishes the section area
  3. It replaces the main corner permanently
  4. It helps locate or corroborate the position of the main corner Correct answer.

Explanation

Accessory monuments and witness corners are placed to help locate and corroborate the position of a main corner. They support the corner location rather than replacing it or defining area.

Question 19Boundary Determination and Retracement

When a Minnesota surveyor finds that the original section corner is lost but the original bearing trees are present, how should the bearing trees be used?

  1. They are used only to set the quarter corner
  2. They define the section area directly
  3. They establish the corner by intersection of the recorded bearings and distances from the trees Correct answer.
  4. They are ignored because the corner is lost

Explanation

When a corner is lost, original bearing trees can be used to reestablish the corner by intersecting the recorded bearings and distances from the trees. They are valuable evidence precisely because they survive the loss of the corner monument.

Question 20Boundary Determination and Retracement

Which statement best describes the difference between a 'retracement' and an 'original survey' in Minnesota boundary practice?

  1. A retracement creates new boundaries; an original survey confirms existing ones
  2. A retracement applies only to platted land
  3. They are identical in purpose and method
  4. A retracement reestablishes or confirms existing boundaries; an original survey creates new boundaries Correct answer.

Explanation

A retracement follows the footsteps of an earlier survey to confirm or reestablish existing boundaries, whereas an original survey creates new boundaries. Confusing the two can lead to improper setting of corners.

Question 21Boundary Determination and Retracement

A Minnesota surveyor measures a section line and finds the total measured distance exceeds the record distance. When proportioning a lost quarter corner between the two section corners, how is the discrepancy handled?

  1. Assign the entire discrepancy to the shorter half
  2. Assign the discrepancy to the nearest section corner
  3. Distribute the discrepancy proportionally to the record distances on each side of the lost corner Correct answer.
  4. Ignore the discrepancy and use record distances only

Explanation

Single proportionate measurement distributes the total discrepancy in proportion to the record distances on each side of the lost corner. This keeps the reestablished corner consistent with the relative record positions.

Question 22Boundary Determination and Retracement

In Minnesota retracement, when a deed calls for a natural monument such as a river bank and also gives a distance, which generally controls?

  1. The natural monument, because it is the more certain call Correct answer.
  2. The area, because it is the least ambiguous
  3. The distance, because it is more precise
  4. The bearing, because it is fixed

Explanation

Natural monuments such as rivers, streams, and trees generally control over distances and bearings because they are the most certain evidence of the parties' intent. Distances and bearings yield when they conflict with a natural monument.

Question 23Boundary Determination and Retracement

A Minnesota surveyor is retracing a boundary where the deed calls for an adjoiner's line as a monument. How should the adjoiner's line be treated?

  1. As controlling evidence of the boundary if it is the line called for Correct answer.
  2. As irrelevant to the boundary location
  3. As inferior to any distance in the deed
  4. As controlling only if it matches the record distance

Explanation

A call for an adjoiner's line is a call for a monument and generally controls the boundary location. The adjoiner's line is treated as the monument called for, subject to the usual rules of evidence.

Question 24Boundary Determination and Retracement

Which Minnesota statute sets out the requirements for a surveyor's certificate on a plat of survey?

  1. Minnesota Statutes chapter 505 Correct answer.
  2. Minnesota Statutes chapter 326
  3. Minnesota Statutes chapter 394
  4. Minnesota Statutes chapter 103G

Explanation

Minnesota Statutes chapter 505 governs plats and includes requirements for the surveyor's certificate. The other chapters address other subject areas and do not set plat certification requirements.

Question 25Boundary Determination and Retracement

A Minnesota surveyor discovers an original monument at a corner but the record field notes describe a different monument type. What is the proper conclusion?

  1. The monument found in the field controls, and the discrepancy should be documented Correct answer.
  2. The survey cannot proceed until the state confirms the monument
  3. The corner must be reestablished by proportion
  4. The field notes control and the monument should be disregarded

Explanation

An original monument found in the field controls over a conflicting description in the field notes, and the discrepancy should be documented in the survey record. Proportioning is unnecessary when the original monument is found.

Question 26Boundary Determination and Retracement

In Minnesota boundary retracement, what does the term 'monument' most precisely refer to when applying rules of construction to a deed?

  1. Only natural features such as rivers, lakes, and blazed trees
  2. Any physical object, natural or artificial, called for in the deed to fix a boundary location Correct answer.
  3. Any recorded distance or bearing value written in the deed description
  4. Only the brass disk set by a licensed land surveyor at a property corner

Explanation

In rules of construction, a monument is any object, natural or artificial, that the deed calls for to establish a boundary. Natural monuments include rivers, lakes, and trees, while artificial monuments include iron pipes, stones, and set caps. Distances and bearings are courses, not monuments, and yield to monument calls when they conflict.

Question 27Boundary Determination and Retracement

A Minnesota surveyor is retracing a parcel where the deed calls for an iron pipe at the corner but the pipe found is a rusted, unbranded pipe of the type commonly set by the original surveyor, and the record cap is missing. How should the surveyor treat this pipe?

  1. Treat the pipe as controlling only if the measured distance matches the record exactly
  2. Reject it outright because the cap bearing the surveyor's license number is missing
  3. Replace it immediately with a new capped monument and disregard the pipe
  4. Accept it as the called-for monument if its position and character are consistent with the record and evidence supports it as original Correct answer.

Explanation

A found monument may be accepted as the called-for corner when its character, location, and surrounding evidence are consistent with the record and it appears to be the original. The absence of a cap is not automatically disqualifying, especially for older monuments. The surveyor weighs all available evidence before deciding whether the pipe is the original corner or a later replacement.

Question 28Boundary Determination and Retracement

In a Minnesota retracement, the surveyor finds that the original bearing trees at a section corner have been cut, but stumps with visible blaze scars remain in place. How should the surveyor use these stumps?

  1. Disregard the stumps because bearing trees must be standing to have evidentiary value
  2. Use the stump scars as accessory evidence to reestablish the corner position by the original bearing and distance Correct answer.
  3. Set a new corner at the record bearing and distance from the nearest found section corner without regard to the stumps
  4. Average the stump positions with the record to set the corner halfway between them

Explanation

Bearing trees are accessory monuments, and their remains, including stumps with blaze scars, retain evidentiary value for reestablishing the corner. The surveyor uses the recorded bearing and distance from the stump to the corner to reconstruct the original position. Averaging positions or ignoring the stumps would discard the best available evidence of the original corner.

Question 29Boundary Determination and Retracement

A Minnesota surveyor is retracing a boundary and finds the original quarter corner monument intact. What is the correct treatment of that monument?

  1. Set a new monument at the midpoint of the section line and treat the original as evidence only
  2. Hold the monument as the corner and use it as the controlling position for the boundary Correct answer.
  3. Reject the monument and reestablish the corner from the section corners by proportion
  4. Use the monument only if its position matches the record distance exactly

Explanation

An original monument that is found in place controls the location of the corner and should be held. Proportionate measurement is a method of last resort used when the original corner is lost, not when it is found. The surveyor accepts the original monument even if measured distances differ from the record.

Question 30Boundary Determination and Retracement

In Minnesota, a surveyor retracing a section line finds that the original section corner is lost but the original field notes record a bearing tree at a stated bearing and distance. No tree remains. How may the surveyor use the record?

  1. Reconstruct the corner position from the record bearing and distance to the missing tree, corroborated by other evidence Correct answer.
  2. Declare the corner indeterminate and refuse to set any monument
  3. Set the corner at the record distance from the nearest corner without considering the bearing tree call
  4. Ignore the field notes entirely because the tree no longer exists

Explanation

When an accessory monument is gone, the record bearing and distance to it remain admissible evidence for reconstructing the corner. The surveyor uses that call together with other corroborating evidence such as adjoining corners and lines. Field notes are not discarded merely because the physical tree is gone.

Question 31Boundary Determination and Retracement

A Minnesota deed describes a parcel as bounded by the meander line of a lake as shown on the government survey, and the actual lake has since receded. Which principle generally governs the boundary?

  1. The boundary is void because the meander line is not a boundary
  2. The boundary shifts to the thread of the lake in all cases
  3. The boundary follows the water's edge under the doctrine of accretion, subject to Minnesota law on navigable waters Correct answer.
  4. The boundary remains fixed at the government meander line regardless of the lake's movement

Explanation

A meander line is generally not a boundary; where the deed bounds on the water, the boundary ordinarily follows the water's edge as it changes by accretion or reliction. Minnesota law governs the treatment of navigable waters and the rights of the state. The meander line serves to compute area, not to freeze the boundary.

Question 32Boundary Determination and Retracement

In a Minnesota boundary retracement, the surveyor must resolve a conflict between a call for a natural monument (a stone) and a call for an artificial monument (an iron pipe) at the same corner. Which call generally controls?

  1. The call recorded later in the deed controls
  2. The two calls are averaged to fix the corner
  3. The artificial monument generally controls because it is more precisely placed
  4. The natural monument generally controls over the artificial monument Correct answer.

Explanation

Under the hierarchy of calls, natural monuments generally control over artificial monuments, and both control over courses and distances. The stone, as a natural monument, is the better evidence of the original boundary. Averaging is not a recognized method of resolving conflicting calls.

Question 33Boundary Determination and Retracement

A Minnesota surveyor is retracing a boundary where the deed calls for the line of an adjoining recorded plat as a monument. How should the surveyor treat that call?

  1. Treat the adjoiner call as controlling only if it matches the deed distance exactly
  2. Hold the adjoining plat line as a controlling monument and locate the boundary in accordance with it Correct answer.
  3. Set the boundary at the record distance from the nearest corner regardless of the adjoiner
  4. Ignore the adjoiner call and use only the distances in the deed

Explanation

A call for an adjoiner's line is a call for a monument, and the established line of the adjoining parcel controls over courses and distances. The surveyor locates the boundary to agree with the adjoining line as actually established. Distances in the deed yield to the monument call.

Question 34Boundary Determination and Retracement

In Minnesota, what is the legal effect of a recorded plat on the boundaries of the lots it depicts?

  1. The plat is merely informational and has no effect on lot boundaries
  2. The plat controls only if every lot is later conveyed by metes and bounds
  3. The plat is effective only after each lot is individually surveyed and monumented
  4. The plat, once recorded, establishes the lot lines and monuments as shown and dedicated Correct answer.

Explanation

A plat duly recorded in accordance with Minnesota law establishes the lots, streets, and monuments as depicted, and the plat controls the boundaries of the lots. Conveyances referring to the plat incorporate its lines and monuments. The plat does not depend on later individual surveys to become effective.

Question 35Boundary Determination and Retracement

A Minnesota surveyor retracing a boundary finds a discrepancy between the record bearing of a line and the bearing measured between two original monuments. Which should control?

  1. The surveyor should split the difference between the two bearings
  2. The bearing should be discarded and the line located by area only
  3. The record bearing controls because it is the written description
  4. The line between the original monuments controls over the record bearing Correct answer.

Explanation

Monuments control over courses and distances, so the line as marked by the original monuments governs the boundary. Record bearings are useful evidence but yield when original monuments are found in place. Splitting the difference is not a recognized rule of construction.

Question 36Boundary Determination and Retracement

In Minnesota retracement practice, what is the primary purpose of the original government survey field notes?

  1. To establish the current legal ownership of each parcel
  2. To supersede the recorded plat in the event of any conflict
  3. To provide contemporaneous evidence of the original corners, lines, and accessory monuments for reconstructing lost corners Correct answer.
  4. To serve as the sole basis for computing property taxes

Explanation

The original field notes are contemporaneous records of how the government survey was run, including corner descriptions, bearing trees, and distances. They are key evidence for reconstructing lost corners and retracing lines. They do not determine ownership or taxes and do not automatically supersede a plat.

Question 37Boundary Determination and Retracement

A Minnesota surveyor is retracing a section line and finds that an intermediate original monument is missing but the two adjacent original section corners are intact. What is the proper method for reestablishing the missing corner?

  1. Set the corner at the record distance from the nearer original corner only
  2. Set the corner at a right angle from the nearest found corner using the record bearing
  3. Declare the corner lost and take no action
  4. Proportion the record distance between the two found original corners and set the corner at the proportional position Correct answer.

Explanation

When both controlling original corners are found and the intermediate corner is lost, the standard method is single proportionate measurement along the line between them. The record distance is proportioned to the measured distance to place the lost corner. Using only one corner or an arbitrary bearing does not distribute the measurement error properly.

Question 38Boundary Determination and Retracement

A Minnesota surveyor discovers that a section corner monument has been disturbed and reset by an unknown party in a position inconsistent with the original field notes and accessory evidence. How should the surveyor treat the reset monument?

  1. Accept it only if it is within one foot of the record position
  2. Use it to control the boundary because it is the most recent monument
  3. Accept it as the original corner because it is physically present
  4. Give it no controlling weight and reestablish the corner from the best available original evidence Correct answer.

Explanation

A monument that is not original and was set without authority does not control the corner. The surveyor reestablishes the corner from original evidence such as field notes, bearing trees, and undisturbed monuments. Physical presence alone does not make a monument authoritative.

Question 39Boundary Determination and Retracement

In Minnesota, a surveyor preparing a certificate on a plat of survey must do which of the following?

  1. Certify the ownership of the land as well as the survey
  2. Obtain the county recorder's approval before signing
  3. Sign and seal the certificate as required by Minnesota statute and rules governing land surveyors Correct answer.
  4. Have the certificate notarized by a notary public in all cases

Explanation

Minnesota law and the Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design rules govern the surveyor's certificate, which must be signed and sealed by the licensed surveyor. Notarization is not universally required, and recorder approval is not a prerequisite to signing. The surveyor certifies the survey, not title.

Question 40Boundary Determination and Retracement

A Minnesota surveyor retracing a boundary finds that the deed calls for a river as a boundary but the river has gradually shifted over decades through slow accretion. How should the boundary be located?

  1. At a line midway between the old and new banks
  2. At the original surveyed location of the river as shown on the plat
  3. At the present water's edge, because gradual accretion moves the boundary with the water Correct answer.
  4. At the thread of the river regardless of navigability

Explanation

Where a deed bounds on a river and the change results from gradual accretion, the boundary ordinarily follows the water as it moves. Avulsion, a sudden change, is treated differently and generally does not move the boundary. The surveyor must distinguish gradual movement from sudden change before locating the line.

Question 41Evidence and Boundary Law Principles

Under the common law rule for boundary evidence, which type of monument controls over all others when the calls in a deed conflict?

  1. Adjoiner calls naming neighboring owners
  2. Natural monuments such as rivers, lakes, and ancient trees Correct answer.
  3. Artificial monuments such as iron pins and stone posts
  4. Courses and distances stated in the deed

Explanation

The hierarchy of evidence places natural monuments above artificial monuments, which in turn outrank courses and distances, and adjoiner calls generally yield to monuments but may control over courses and distances. Natural monuments are considered the most reliable because they are least likely to have been disturbed or created in error.

Question 42Evidence and Boundary Law Principles

A surveyor discovers that a deed description closes with a large error and that the acreage stated in the deed does not match the computed area. Which principle best guides resolution of this conflict?

  1. Quantity or area is generally the weakest call and yields to monuments, courses, and distances Correct answer.
  2. The deed is void because it fails to close mathematically
  3. The surveyor must average the stated and computed areas
  4. The stated acreage always controls because it was the parties' intent

Explanation

Quantity is traditionally the lowest call in the hierarchy and yields to monuments, courses, and distances that can be reconciled. A deed is not void merely because it fails to close; the surveyor seeks a reasonable construction giving effect to the parties' intent.

Question 43Evidence and Boundary Law Principles

A property line has been marked by a fence for 22 years. The true record owner has paid taxes on the entire parcel throughout that period. Which doctrine most directly supports the fence occupant's claim to the enclosed land?

  1. Adverse possession, because the possession was actual, open, exclusive, hostile, and continuous for the statutory period Correct answer.
  2. Dedication, because the fence set the land aside for public use
  3. Estoppel by deed, because the record owner accepted the fence line
  4. Prescription, because the use was open and continuous

Explanation

Adverse possession requires actual, open and notorious, exclusive, hostile, and continuous possession for the statutory period, which the fence enclosure can satisfy. Prescription applies to the acquisition of easement rights such as a right-of-way, not to title to the fee.

Question 44Evidence and Boundary Law Principles

In the public land survey system, what is the primary purpose of the rectangular system's township and range lines?

  1. To record the location of mineral claims
  2. To create a grid of six-mile-square townships referenced to a principal meridian and base line Correct answer.
  3. To identify natural monuments such as rivers and bluffs
  4. To establish metes and bounds descriptions for each parcel

Explanation

The PLSS divides land into townships approximately six miles square, referenced to a principal meridian and base line, with ranges east and west and townships north and south. This grid provides a consistent framework for subdividing land into sections and aliquot parts.

Question 45Evidence and Boundary Law Principles

Which statement correctly describes the effect of a quitclaim deed in a chain of title?

  1. It automatically severs a joint tenancy upon delivery
  2. It conveys whatever interest the grantor may hold, without warranty, and may convey nothing if the grantor holds no interest Correct answer.
  3. It guarantees that the grantor holds clear title and will defend it against all claims
  4. It conveys only after the grantor has obtained a warranty deed from the prior owner

Explanation

A quitclaim deed transfers only the grantor's present interest, if any, and carries no covenants of title. It does not warrant ownership and may convey nothing if the grantor has no interest in the property.

Question 46Evidence and Boundary Law Principles

A surveyor is retracing a boundary and finds an original stone monument called for in the deed that is slightly offset from the record course and distance. What is the proper treatment of the monument?

  1. Hold the original monument as controlling evidence of the boundary location Correct answer.
  2. Move the stone to the position computed from the record calls
  3. Average the monument position with the computed position
  4. Disregard the stone and hold the record course and distance

Explanation

An original monument called for in the deed is the best evidence of the boundary and controls over courses and distances. The surveyor should accept the monument's position and reconcile the remaining calls to it rather than displace it.

Question 47Evidence and Boundary Law Principles

What distinguishes a general warranty deed from a special warranty deed?

  1. The general warranty deed contains covenants against all claims, while the special warranty deed warrants only against claims arising through the grantor Correct answer.
  2. The general warranty deed requires a metes and bounds description while the special warranty deed does not
  3. The special warranty deed must be recorded while the general warranty deed need not be
  4. The general warranty deed covers the entire property while the special warranty deed covers only a portion

Explanation

A general warranty deed covenants against all lawful claims, whereas a special warranty deed limits the warranty to claims arising by, through, or under the grantor. The distinction lies in the scope of the covenants, not the extent of the property or description type.

Question 48Evidence and Boundary Law Principles

A deed describes a parcel as beginning at a point on a river bank and running downstream with the meander of the river to a marked oak. Under the rules of construction, the river call is best classified as which type of call?

  1. A quantity call
  2. A course and distance call
  3. An adjoiner call
  4. A natural monument call Correct answer.

Explanation

A river is a natural monument, and a call to run with a river bank is treated as a natural monument call. Natural monument calls rank highest in the hierarchy of boundary evidence and control over courses, distances, and quantity.

Question 49Evidence and Boundary Law Principles

A surveyor finds that a deed calls for a distance of 500.00 feet between two original monuments, but the measured distance is 497.50 feet. How should the surveyor treat the discrepancy?

  1. Hold the monuments and note the discrepancy, since original monuments control over the record distance Correct answer.
  2. Reject the monuments because the distance does not match the deed
  3. Set the boundary at 500.00 feet from the first monument, ignoring the second
  4. Report the deed as invalid due to the misclosure

Explanation

Original monuments govern over record courses and distances, so the measured distance between them establishes the boundary as marked. The surveyor should hold the monuments and document the discrepancy rather than force the record distance.

Question 50Evidence and Boundary Law Principles

A deed conveys a parcel to 'A and B as tenants in common.' A later deed from A alone purports to convey the entire parcel to C. What interest does C receive?

  1. A life estate subject to B's remainder
  2. A one-half undivided interest, because A could convey only A's share Correct answer.
  3. No interest, because cotenants cannot convey separately
  4. The entire parcel, because a cotenant may convey the whole

Explanation

A tenant in common may convey only that tenant's undivided share, so A's deed to C transfers A's one-half interest and leaves B's half intact. C becomes a tenant in common with B.