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ND Land Surveyor: Boundary Surveying and Legal Principles

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

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Boundary Surveying and Legal Principles

What this domain tests

Boundary items ask whether you can rebuild a property line from the written record and the physical evidence, then defend that position. Expect PLSS retracement, metes-and-bounds construction, water boundaries, and unwritten rights.

Order of precedence for conflicting calls

  • Natural monuments (a river, a stone) outrank artificial monuments, which outrank courses and distances, which outrank area. Area never overrides a monument call.
  • A call for an adjoiner ("to the northeast corner of Lot 4") is a monument call of high dignity.
  • An obliterated corner still exists in position and may be restored from evidence. A lost corner must be re-established by proportionate measurement between the nearest acceptable controlling corners.

PLSS retracement rules

  • Single proportionate measurement places a corner on one line between two found controlling corners.
  • Double proportionate measurement is used where two lines must be met at once, as with a section corner interior to four found corners.
  • The north and west tiers of a section are short aliquot parts; the rule of 640 governs normal subdivision.

Water boundaries

Meander lines do not bound the parcel; the water does. Accretion and reliction move the boundary with the riparian owner; avulsion does not.

Worked example

A quarter-section corner is missing between two found section corners. The record distance is 80.00 chains; the measured distance is 80.24 chains, and the quarter corner is called 40.00 chains from the west corner. Proportionate position = 80.24 × (40.00 / 80.00) = 40.12 chains from the west corner. You do not hold 40.00; the record distance supplies only a ratio.

Traps that cost marks

  • Holding record distance instead of proportioning, then reporting a line that does not close.
  • Declaring an obliterated corner lost and moving a line that evidence could have restored.
  • Accepting a fence or pavement edge as the boundary when the deed calls a monument.
  • Thinking "more or less" or a stated acreage cures a distance discrepancy.