CSLB Professional Challenge: Cadastral Law flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Initial point

The intersection of a principal meridian and its base line; it is the starting reference for surveys within a PLSS principal meridian area.

Boustrophedon section numbering

Section numbers run east-west in alternating directions: 1-6 west, 7-12 east, and so on, ending with Section 36 in the southeast corner.

Aliquot part

A fractional division of a section by halves and quarters, such as a quarter-quarter (40 acres), described from the smallest part to the largest.

Lost corner

An original corner whose position cannot be recovered from evidence; it is restored by proportionate measurement between the nearest existing original corners.

Meander corner

A corner set where a survey line intersects a water boundary; it controls the meander line, but the water boundary remains the legal boundary.

Monument controls

A call for a natural or artificial monument generally prevails over conflicting courses, distances, and area in a deed or survey.

Hierarchy of evidence

The order for resolving conflicting boundary calls: natural monuments, artificial monuments, adjoiners, courses and distances, then area.

Original survey

The first official government survey of a parcel or area; its corners and lines are controlling over later retracement surveys.

Latent ambiguity

A deed ambiguity not apparent on the document's face; extrinsic evidence may be admitted to show what the parties intended.

Accretion

The gradual and imperceptible addition of land by water action; title to the added land belongs to the upland owner.

Avulsion

A sudden or perceptible change in a watercourse or shoreline; the boundary remains at its pre-avulsion location.

Reliction

The gradual withdrawal of water from land, exposing new dry land; title to the exposed land goes to the upland owner.

Ordinary high water mark

The line on a navigable water body that marks the ordinary high water level; it is generally the upland boundary.

Words of grant

Language in a deed showing intent to convey, such as grant, bargain and sell, or convey; it is a required deed element.

Point of beginning

The starting point of a metes-and-bounds description; it should be a monumented point on the ground.

Exception

A deed clause that excludes specified land from the grant; the excluded land does not pass to the grantee.

Reformation

A court remedy correcting a written deed to reflect the parties' actual agreement, typically because of mutual mistake.

Easement appurtenant

An easement that benefits a dominant parcel and burdens a servient parcel; it passes with the dominant land.

Easement by necessity

An implied easement allowing access when a parcel is landlocked, requiring unity of title and strict necessity.

Encroachment

A physical intrusion by a structure or improvement onto another person's land; remedies include removal, damages, or injunction.

Prescriptive easement

An easement acquired by adverse use that is open, notorious, continuous, and hostile for the statutory period.

Adverse possession

Acquisition of title by actual, open, notorious, exclusive, continuous, and hostile possession of land for the statutory period.

Color of title

A written instrument that appears to convey title but is defective; it can extend possession to the entire described parcel.

Tacking

Joining successive adverse possessors' periods of possession when privity exists between them, to satisfy the statutory period.

Quiet title action

A court proceeding to determine competing claims to real property and confirm or quiet the plaintiff's title.

Record of survey

A recorded map showing the results of a boundary survey, monuments, and ties; it preserves evidence but does not itself create lots.

Lot line adjustment

A boundary relocation between existing adjacent parcels that does not create additional lots and requires local approval.

Corner record

A document filed to perpetuate the location and evidence of a survey corner not shown on a recorded subdivision map.

Subdivision plat

A recorded map that divides land into lots, blocks, and streets and may include dedications to the public.

Surveyor's role

The surveyor locates and reports boundary evidence; the surveyor does not decide legal title, which is a court function.

Conflict of interest

A situation where the surveyor's personal or financial interest could bias the boundary determination; it must be disclosed.

Expert testimony

Opinion evidence given by a qualified surveyor in court, based on accepted principles and the available boundary evidence.