Boundary Law and Retracement of Boundaries
What this domain tests
Boundary Law and Retracement of Boundaries tests whether you can weigh conflicting deed and survey evidence and apply New York doctrines rather than merely following a deed's numbers. New York is predominantly metes-and-bounds country; do not import PLSS rules except in western New York tract areas where a township/subdivision fabric actually exists.
Evidence hierarchy
- Natural monuments (shorelines, trees, streams) generally outrank artificial monuments; artificial monuments outrank courses and distances; courses and distances outrank area; area outranks a call for a name or adjoiner.
- A called-for monument that is found and identified controls a distance call, even if the measured distance differs.
- Senior rights prevail: a junior deed cannot take land already conveyed.
- Proportionate measurement reestablishes a lost corner; it does not move an existing monument.
New York doctrines
- Adverse possession: RPAPL Article 5; the general period is 10 years, but the 2008 amendments impose good-faith and written-instrument requirements for most claims.
- Prescription for easements generally requires 15 years of open, notorious, hostile, continuous use.
- Practical location can fix an uncertain boundary by the parties' conduct and acquiescence.
- New York's recording act (RPL §291) is race-notice: a later purchaser who records first prevails only if without notice.
Worked example
A deed calls 'thence N 00°00'00" E, 200.00 feet to an iron pin set in 1962.' You find the pin at 198.42 ft. The pin is an artificial monument called for in the deed. It controls over the 200.00-ft distance, so the boundary is 198.42 ft; do not reset a pin at 200.00 ft. Report the discrepancy and document the record evidence.
Traps
Treating deed distances as exact; moving a monument to force a closure; applying PLSS double-proportionate rules to a metes-and-bounds subdivision; ignoring the 2008 adverse-possession amendments.