CSLB Professional Challenge: Cadastral Law key terms
CSLB Professional Challenge: Cadastral Law · Get comfortable with the vocabulary.
- Principal Meridian
- Related: Base Line, Range, Township
The north-south reference line established by the original federal survey from which range lines are counted east and west; California uses several, including Mount Diablo, Humboldt, and San Bernardino.
- Base Line
- Related: Principal Meridian, Township
The east-west reference line established by the original federal survey from which township lines are counted north and south along a principal meridian.
- Township
- Related: Range, Section, Base Line
A roughly six-mile-square unit of the public land survey, containing 36 sections and identified by its position north or south of the base line.
- Range
- Related: Township, Principal Meridian
A north-south column of townships, one township wide, counted east or west from the principal meridian; a number and direction identify the column.
- Section
- Related: Aliquot Part, Township, Lost Corner
A nominal one-mile-square unit of a township, containing 640 acres, numbered 1 through 36 in a zigzag pattern beginning at the northeast corner.
- Aliquot Part
- Related: Section, Proportionate Measurement
A fractional portion of a section created by repeated halving, such as the northeast quarter of the southwest quarter, which can be located without a metes-and-bounds description.
- Lost Corner
- Related: Proportionate Measurement, Monument
A section or quarter-section corner whose original monument cannot be found and whose position cannot be proven by acceptable evidence, so it must be reestablished by proportion.
- Proportionate Measurement
- Related: Lost Corner, Aliquot Part
A restoration technique that places a lost corner by comparing original recorded distances with distances measured between the nearest surviving corners, preserving the original proportions.
- Monument
- Related: Natural Monument, Hierarchy of Evidence
A physical object on the ground, whether natural or man-made, that marks a boundary point and controls over written bearings, distances, and areas when they conflict.
- Natural Monument
- Related: Monument, Hierarchy of Evidence
A landmark created by nature, such as a river, lake, ridge, or tree, called for in a description; it generally outranks artificial monuments and all written calls.
- Hierarchy of Evidence
- Related: Monument, Course and Distance, Natural Monument
The order used to settle conflicting description calls: natural monuments first, then artificial monuments, then courses and distances, then area, with the parties' intent controlling.
- Course and Distance
- Related: Hierarchy of Evidence, Metes and Bounds
The written bearing and length of a boundary line in a deed; these calls give way to monuments when the two do not agree.
- Original Survey
- Related: Subsequent Survey, Monument
The first official survey of a tract, such as the federal government survey, whose corners and field notes are accepted as conclusive proof of the boundaries created.
- Subsequent Survey
- Related: Original Survey, Lost Corner
Any survey made after the original, which is bound to honor the original corners and cannot move boundaries that the original survey established.
- Meander Line
- Related: Ordinary High Water Mark, Accretion
A line run along a bank or shore to calculate the area of adjoining upland; it is not a boundary and does not limit the land conveyed along the water.
- Accretion
- Related: Reliction, Avulsion
The slow, imperceptible build-up of land along a water boundary by natural deposit, which belongs to the upland owner without any new deed.
- Reliction
- Related: Accretion, Avulsion
Land left dry when water permanently and gradually recedes, which generally belongs to the adjoining upland owner rather than the state.
- Avulsion
- Related: Accretion, Reliction
A sudden or perceptible change in a stream or shoreline, such as a flood cutting a new channel, which leaves the property boundary where it was.
- Riparian Rights
- Related: Littoral Rights, Ordinary High Water Mark
The rights of an owner whose land touches a river or stream, including reasonable use of the water and access to it, regulated by state law.
- Littoral Rights
- Related: Riparian Rights, Ordinary High Water Mark
The rights of an owner whose land borders a lake, bay, or ocean, mainly concerning access to and use of the shore and the water.
- Ordinary High Water Mark
- Related: Meander Line, Littoral Rights
The elevation on a shore that water reaches under ordinary conditions, generally used to separate state-owned submerged land from private upland.
- Metes and Bounds
- Related: Course and Distance, Ambiguity (Patent and Latent)
A description that traces a parcel's boundary by bearings, distances, and calls to monuments or adjoiners, beginning at a stated point of beginning.
- Ambiguity (Patent and Latent)
- Related: Reformation, Metes and Bounds
A description is patently ambiguous when the uncertainty shows on its face, and latently ambiguous when it appears only after the words are applied to the ground.
- Reformation
- Related: Ambiguity (Patent and Latent), Quiet Title Action
A court remedy that rewrites a deed to match what the parties actually agreed to when a mutual mistake or clerical error misstated the transaction.
- Chain of Title
- Related: Quiet Title Action, Reformation
The connected series of recorded deeds and other instruments by which a parcel passed from one owner to the next, used to confirm present ownership.
- Easement
- Related: Easement Appurtenant, Right-of-Way, Prescription
A right held by one person to use another's land for a limited purpose, such as access or utilities, without owning or occupying the ground.
- Easement Appurtenant
- Related: Easement, Right-of-Way
An easement attached to a dominant parcel that benefits whoever owns that parcel and passes automatically when the parcel is sold.
- Right-of-Way
- Related: Easement, Encroachment
A right to travel over land owned by another, often held by the public or a utility; the fee under the roadway stays with the owner unless conveyed.
- Encroachment
- Related: Easement, Boundary Line Agreement
A physical intrusion of a building, fence, or other improvement onto a neighbor's land without legal right, which can be removed or resolved by agreement.
- Adverse Possession
- Related: Prescription, Boundary Line Agreement
A doctrine that can give title to a person who openly, notoriously, hostilely, and continuously occupies another's land for the statutory period, such as five years in California.
- Prescription
- Related: Adverse Possession, Easement
Acquisition of an easement, rather than ownership, through open and adverse use of another's land for the statutory period, commonly five years in California.
- Boundary Line Agreement
- Related: Quiet Title Action, Encroachment
An agreement between adjoining owners that fixes a boundary of uncertain location; once performed, it binds the parties and later owners of the same land.
- Quiet Title Action
- Related: Boundary Line Agreement, Reformation
A lawsuit asking a court to declare who owns a parcel and to remove competing claims or clouds on the title.
- Record of Survey
- Related: Corner Record, Subdivision Map Act
A map filed with the county recorder by a licensed surveyor showing field measurements, monuments found or set, and any conflict with the recorded description.
- Corner Record
- Related: Record of Survey, Lost Corner
A document filed with the county surveyor that records the establishment, reestablishment, or destruction of a public land survey corner.
- Lot Line Adjustment
- Related: Subdivision Map Act, Record of Survey
A local agency process that moves a boundary between two or more existing parcels without creating new lots, typically followed by new deeds.
- Subdivision Map Act
- Related: Lot Line Adjustment, Record of Survey
California's law governing land division, requiring tentative and final maps and setting standards for design, dedications, and improvements.
- Standard of Care
- Related: Expert Testimony, Conflict of Interest
The skill and care a reasonably prudent surveyor practicing in the same area would use under similar conditions; it is the measure of professional negligence.
- Conflict of Interest
- Related: Standard of Care
A circumstance where a surveyor's personal or financial interest could improperly influence professional judgment, such as surveying property the surveyor hopes to buy.
- Expert Testimony
- Related: Standard of Care, Quiet Title Action
Opinion evidence a licensed surveyor gives in a boundary dispute, explaining field evidence, records, and the reasoning that supports a proposed boundary location.