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CSLB Cadastral Surveying study materials
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CSLB Cadastral Surveying practice questions

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Question 1Boundary Law and Legal Principles of Real Property

Under California law, what is the statutory period of continuous possession required to acquire title to real property by adverse possession?

  1. Ten years
  2. Three years
  3. Five years Correct answer.
  4. Twenty years

Explanation

Code of Civil Procedure section 318 fixes the period at five years of continuous possession. During that time the claimant must also pay all taxes levied on the property and satisfy the elements of actual, open, notorious, hostile, and exclusive use.

Question 2Boundary Law and Legal Principles of Real Property

Which of the following is required for a valid conveyance of real property in California?

  1. Payment of the full purchase price in cash
  2. Recording of the deed with the county recorder
  3. Acknowledgment of the deed before a notary public
  4. A writing signed by the grantor Correct answer.

Explanation

An instrument transferring an interest in real property must be in writing, signed by the grantor, identify the parties and the land, and be delivered. Recording and acknowledgment affect priority and recordability, not the validity of the conveyance.

Question 3Boundary Law and Legal Principles of Real Property

A non-navigable river slowly and imperceptibly shifts its channel over many years, adding a strip of land to a riparian parcel. The added land belongs to:

  1. The riparian owner, by accretion Correct answer.
  2. The state, since water is publicly owned
  3. The opposite owner, by avulsion
  4. The county, as a public right of way

Explanation

Accretion is the gradual and imperceptible addition of land by water action, and title to the added land goes to the riparian owner. Avulsion, a sudden change of channel, does not move the boundary.

Question 4Boundary Law and Legal Principles of Real Property

An easement that benefits a particular parcel of land and passes automatically when that parcel is conveyed is:

  1. A license
  2. A prescriptive easement
  3. An easement in gross
  4. An easement appurtenant Correct answer.

Explanation

An easement appurtenant attaches to and benefits a dominant parcel and passes with conveyance of that parcel, even if the deed is silent about it.

Question 5Boundary Law and Legal Principles of Real Property

Which of these instruments conveys only whatever interest the grantor may have, with no warranty of title?

  1. Deed of trust
  2. Warranty deed
  3. Grant deed
  4. Quitclaim deed Correct answer.

Explanation

A quitclaim deed transfers only the grantor's present interest and contains no covenant of title. Grant and warranty deeds, by contrast, carry implied or express warranties.

Question 6Boundary Law and Legal Principles of Real Property

California is a race-notice recording state, which means a later purchaser prevails over an earlier unrecorded interest only if the purchaser:

  1. Records first and takes without notice of it Correct answer.
  2. Records first, even with actual notice of it
  3. Pays value, even without recording
  4. Takes possession before the earlier grantee

Explanation

California is a race-notice jurisdiction, so a later purchaser is protected only by recording before the earlier interest and taking without actual, constructive, or inquiry notice.

Question 7Boundary Law and Legal Principles of Real Property

A metes and bounds description should begin at a definite point of beginning because that point of beginning:

  1. Identifies the owner of record of the parcel
  2. Fixes the area of the parcel as shown on the assessor's map
  3. Determines the basis of bearing used for the survey
  4. Anchors the description to a known location on the ground Correct answer.

Explanation

The point of beginning anchors a metes and bounds description to a definite, identifiable location from which all remaining calls are run. Without it, the description cannot be located with certainty.

Question 8Boundary Law and Legal Principles of Real Property

Two deeds from a common grantor overlap, and the junior grantee took with notice of the senior deed. The overlapping land belongs to:

  1. The grantee whose deed states the larger acreage
  2. The junior grantee, because the later deed controls
  3. The senior grantee, because the junior took with notice Correct answer.
  4. Neither party, since the land escheats to the state

Explanation

Where successive deeds from the same grantor overlap, the senior grantee prevails unless the senior interest was unrecorded and the junior grantee was a bona fide purchaser. A junior grantee who takes with notice takes subject to the senior deed.

Question 9Boundary Law and Legal Principles of Real Property

Two neighbors whose true deed line is uncertain have treated a fence as the boundary and improved up to it for many years. The doctrine that fixes the boundary at the fence is:

  1. Prescription
  2. The agreed boundary doctrine Correct answer.
  3. Estoppel by deed
  4. Adverse possession

Explanation

Under the agreed boundary doctrine, adjoining owners who are uncertain about the true line may fix a boundary by agreement and acquiescence, and that line binds them and their successors.

Question 10Boundary Law and Legal Principles of Real Property

A deed runs 'to a large granite boulder' but also states a distance that falls short of the boulder by 12 feet. Under the rules of construction:

  1. The stated area of the parcel controls
  2. The bearing controls over both
  3. The natural monument controls Correct answer.
  4. The distance controls, because measured calls are most certain

Explanation

The order of calls in a deed is natural monuments, artificial monuments, courses and distances, and then area. A stated distance yields to a natural monument called for in the deed.

Question 11Boundary Law and Legal Principles of Real Property

A landowner sells an interior parcel that has no access to any public road, keeping the surrounding land. The buyer is most likely entitled to:

  1. An easement by necessity over the grantor's land Correct answer.
  2. A license revocable by the grantor
  3. An easement in gross for access
  4. A prescriptive easement over neighboring land

Explanation

An easement by necessity arises by operation of law when a grantor severs land and leaves a parcel landlocked. It is implied from the necessity of access and lasts only as long as the necessity exists.

Question 12Boundary Law and Legal Principles of Real Property

For land bordering a navigable river in California, the upland owner's boundary is ordinarily:

  1. The recorded meander line
  2. The ordinary high water mark Correct answer.
  3. The ordinary low water mark
  4. The thread of the stream

Explanation

For navigable waters the state holds the bed, and the upland owner's title ends at the ordinary high water mark. The thread of the stream is used only for non-navigable waters.

Question 13Boundary Law and Legal Principles of Real Property

The initial point of a public land survey system survey is located at the intersection of:

  1. Two standard parallels
  2. A meander line and a section line
  3. A guide meridian and a township line
  4. A principal meridian and a base line Correct answer.

Explanation

The PLSS is initiated at an initial point where a principal meridian and a base line intersect. Township lines, range lines, and standard parallels are then run from that framework.

Question 14Boundary Law and Legal Principles of Real Property

In California, which element is required for adverse possession but not for a prescriptive easement?

  1. Open and notorious use
  2. Continuous use for the statutory period
  3. Payment of all taxes levied on the property Correct answer.
  4. Hostile use under a claim of right

Explanation

Adverse possession in California requires payment of all taxes levied during the five-year period. A prescriptive easement requires the same five years of open, notorious, hostile, and continuous use but no tax payment.

Question 15Boundary Law and Legal Principles of Real Property

When a deed drafted by the grantor contains an ambiguity that cannot be resolved from the surrounding circumstances, a court will generally construe it:

  1. In favor of the grantee
  2. In favor of the title insurer
  3. By averaging the conflicting calls
  4. Against the grantor Correct answer.

Explanation

Ambiguities in a deed are construed against the party who drafted it, usually the grantor, and in favor of the grantee. The grantor chose the language and bears the risk of unclear drafting.

Question 16Boundary Law and Legal Principles of Real Property

Title to the bed of a navigable waterway in California is generally held by:

  1. The upland owner in fee simple
  2. The state, subject to the public trust Correct answer.
  3. The federal government in fee
  4. The county in which the water lies

Explanation

California holds the beds of navigable waterways in sovereign ownership subject to the public trust for navigation, fishing, and recreation. The upland owner takes only to the ordinary high water mark.

Question 17Boundary Law and Legal Principles of Real Property

Under the Subdivision Map Act, a lot line adjustment between four or fewer existing adjoining parcels requires:

  1. A new parcel map recorded with the county
  2. Local agency approval and recorded deeds Correct answer.
  3. Approval by the county surveyor alone
  4. A tentative and final subdivision map

Explanation

A lot line adjustment among four or fewer existing adjoining parcels is approved by the local agency and carried out by recorded deeds. No new parcel map or subdivision map is required.

Question 18Boundary Law and Legal Principles of Real Property

A flood cuts a new channel across a river bend, suddenly leaving a parcel's river frontage dry and placing the parcel away from the water. The parcel's boundary:

  1. Is redrawn by the county surveyor
  2. Is set at the middle of the abandoned channel
  3. Stays at the old channel location Correct answer.
  4. Follows the new channel

Explanation

A sudden change of channel is an avulsion, which does not alter established property boundaries. The boundary remains where the water stood before the avulsion.

Question 19Boundary Law and Legal Principles of Real Property

When a deed's stated acreage conflicts with its monuments and course calls, the acreage figure:

  1. Gives way to monuments and courses Correct answer.
  2. Controls only if the deed has been recorded
  3. Controls, because area is the most certain description
  4. Controls whenever it is stated in round numbers

Explanation

Quantity is the least reliable element of a deed description. Where acreage conflicts with monuments and courses, the acreage yields to those more certain calls.

Question 20Boundary Law and Legal Principles of Real Property

One of several tenants in common occupies the whole property. To acquire the co-tenants' interests by adverse possession, the occupying co-tenant must:

  1. Obtain a quitclaim deed from one co-tenant
  2. Repudiate the co-tenancy and notify the others Correct answer.
  3. Exclude the others for the full statutory period
  4. Pay the taxes and wait five years without more

Explanation

A co-tenant's possession is presumed to be for the benefit of all co-tenants. To start the adverse possession period, the occupying co-tenant must clearly repudiate the co-tenancy and bring that repudiation home to the others.

Question 21Boundary Law and Legal Principles of Real Property

A landowner silently watches a neighbor pave and improve a driveway across a disputed strip, then sues years later to remove it. The landowner is most likely barred by:

  1. Prescription
  2. Implied dedication
  3. Equitable estoppel Correct answer.
  4. The statute of frauds

Explanation

Equitable estoppel bars a landowner who, by silence or acquiescence, allows another to make substantial improvements in the belief that a boundary or right is settled. The bar rests on the owner's conduct rather than on the neighbor's use.

Question 22Boundary Law and Legal Principles of Real Property

Notice of an interest in land that is imputed because a reasonable inspection or inquiry would reveal it is called:

  1. Record notice of a recorded deed
  2. Actual notice
  3. Constructive notice from the record
  4. Inquiry notice Correct answer.

Explanation

Inquiry notice is imputed when facts apparent on reasonable inspection or inquiry would lead a buyer to discover an interest in the property. Possession by someone other than the seller is a common example.

Question 23Boundary Law and Legal Principles of Real Property

An easement is extinguished when the dominant and servient tenements come into ownership by the same person because of:

  1. Abandonment
  2. Dedication
  3. Prescription
  4. Merger Correct answer.

Explanation

When one person owns both the dominant and servient tenements, the easement is extinguished by merger. It is not revived if the parcels are later conveyed separately.

Question 24Boundary Law and Legal Principles of Real Property

When a corner of the public land survey is lost, the accepted method of reestablishing it is:

  1. Single proportionate measurement between the nearest original corners Correct answer.
  2. Rerunning the record bearings and distances from the nearest found corner
  3. Straight-line proration only along the line between the two nearest corners
  4. Coordinates published in the county surveyor's index of corners

Explanation

A lost corner is reestablished by single proportionate measurement between the nearest existing original corners. The record distance is distributed in proportion to the measured distance in both latitude and departure.

Question 25Boundary Law and Legal Principles of Real Property

A statutory dedication of streets to public use typically occurs when the subdivider:

  1. Allows public use for five years without objection
  2. Records a final map showing an offer of dedication Correct answer.
  3. Gives the county oral permission to use the roads
  4. Conveys the streets to the county by quitclaim deed

Explanation

Recording a final subdivision map that contains an offer of dedication constitutes a statutory dedication once the offer is accepted. Title to the dedicated areas then vests in the public.

Question 26Boundary Law and Legal Principles of Real Property

Which instrument transfers whatever interest the grantor may have in the property, without implying that the grantor owns any interest?

  1. Easement deed
  2. Grant deed
  3. Quitclaim deed Correct answer.
  4. Deed of trust

Explanation

A quitclaim deed conveys only the grantor's present interest, if any, and does not imply that the grantor owns or has good title. A grant deed, by contrast, carries implied covenants concerning the grantor's title.

Question 27Boundary Law and Legal Principles of Real Property

An easement appurtenant involves a benefited parcel and a burdened parcel. The benefited parcel is called the:

  1. servient tenement
  2. fee simple estate
  3. remaining interest
  4. dominant tenement Correct answer.

Explanation

An easement appurtenant runs with the land: the dominant tenement is benefited, and the servient tenement is burdened. The benefit passes with the dominant parcel when it is transferred.

Question 28Boundary Law and Legal Principles of Real Property

To be valid, a deed conveying California real property must be signed by:

  1. a notary public
  2. the grantee only
  3. the grantor Correct answer.
  4. both the grantor and the grantee

Explanation

A deed must be signed by the grantor to transfer the grantor's interest; grantee acceptance may be shown by conduct and need not appear on the deed. Notarization affects recordability and proof, but it is not the signature that makes the deed valid between the parties.

Question 29Boundary Law and Legal Principles of Real Property

A California grant deed contains certain implied covenants. Which of the following is one of those implied covenants?

  1. The grantor will defend the grantee against every claim, whenever arising.
  2. The grantor promises the property is free of all easements.
  3. The grantor promises the property is currently leased.
  4. The grantor has not conveyed the same estate to another. Correct answer.

Explanation

A grant deed implies that the grantor has not previously conveyed the same estate to another, that the estate is free from encumbrances made by the grantor, and that the grantor will warrant title against claims by the grantor or those claiming under the grantor. It does not generally warrant against every claim whenever arising.

Question 30Boundary Law and Legal Principles of Real Property

O signs a warranty deed conveying Blackacre to P before O owns Blackacre. O later acquires title to Blackacre. Under the after-acquired title doctrine, title generally:

  1. is void unless P records within 30 days
  2. stays with O because O had no title when the deed was delivered
  3. passes automatically to P Correct answer.
  4. passes to O's heirs instead of P

Explanation

Under the after-acquired title doctrine, when a grantor who conveyed by warranty later obtains title to the same land, that title generally inures to the grantee. The doctrine prevents the grantor from keeping title that was already purported to be conveyed.

Question 31Boundary Law and Legal Principles of Real Property

A deed recorded by a person outside the chain of title is often called a wild deed. As a general rule, that recording gives later purchasers:

  1. notice only if the deed is notarized
  2. constructive notice of the deed
  3. inquiry notice for five years
  4. no constructive notice of the deed Correct answer.

Explanation

A wild deed is recorded outside the chain of title, so a reasonable title search of the chain would not reveal it. It therefore generally gives no constructive notice, although actual or inquiry notice may still affect a purchaser who learns of it.

Question 32Boundary Law and Legal Principles of Real Property

An easement may be terminated by abandonment only when the dominant owner both ceases use and:

  1. records a release
  2. intends to abandon the easement Correct answer.
  3. transfers the dominant estate
  4. pays the servient owner

Explanation

Mere nonuse of an easement is not enough to establish abandonment; the dominant owner must also intend to abandon the easement. Acts showing that intent, together with nonuse, can support termination by abandonment.

Question 33Boundary Law and Legal Principles of Real Property

In a government survey, the meander line along a navigable water body is generally:

  1. a line that fixes the ordinary high-water mark
  2. the legal boundary of the upland owner
  3. a line that transfers title to the waterbed
  4. only a reference line, not the boundary Correct answer.

Explanation

Meander lines are run to approximate the water's edge for survey and acreage purposes, but they are not ordinarily the legal boundary. The boundary is generally determined by the water body and applicable water-boundary law.

Question 34Boundary Law and Legal Principles of Real Property

A deed describes a parcel as 'the north half of Lot 7, except the west 50 feet' and also states 'all of Lot 7.' In construing the description, a court will ordinarily:

  1. give effect to the specific exception over the general grant Correct answer.
  2. disregard the exception because it conflicts with the grant
  3. average the conflicting descriptions
  4. void the deed for ambiguity

Explanation

When a deed contains both a general description and a specific exception, the specific language ordinarily controls so that the exception is given effect. This reflects the construction preference for specific descriptions over general ones.

Question 35Boundary Law and Legal Principles of Real Property

A person enters under color of title describing a larger parcel than the person actually occupies. For adverse possession purposes, the person is generally treated as possessing:

  1. no land until a quiet title judgment
  2. the adjoining public road
  3. only the land actually enclosed or improved
  4. all land described in the color of title Correct answer.

Explanation

Color of title can extend constructive possession to the entire parcel described in the writing, even if only part is physically occupied. Without color of title, adverse possession is generally limited to the land actually possessed.

Question 36Boundary Law and Legal Principles of Real Property

For a non-navigable stream, the boundary of abutting upland owners is ordinarily:

  1. the ordinary high-water mark
  2. the nearest bank
  3. the meander line
  4. the thread or centerline of the stream Correct answer.

Explanation

An upland owner on a non-navigable stream ordinarily owns to the thread or centerline of the stream, subject to limited public rights. This differs from the general rule for navigable waterways, where the boundary is often the ordinary high-water mark.

Question 37Evidence, Monuments, and Boundary Retracement

An original monument called for in a deed is found undisturbed, but the measured distance to the next found original monument is 15 feet shorter than the record distance. Which controls the boundary location?

  1. The record distance called for in the deed
  2. The positions of the found original monuments Correct answer.
  3. The record area of the parcel
  4. The average of the monument positions and the record distances

Explanation

Evidence is weighed in a settled order: original monuments that are undisturbed control over courses, distances, and area. Distances in the record are treated as subordinate calls that yield when an original monument is found in place. There is no averaging rule between monuments and record measurements.

Question 38Evidence, Monuments, and Boundary Retracement

A corner whose original monument is gone and whose position cannot be recovered from any surviving evidence is properly classed as:

  1. A witness corner
  2. A lost corner Correct answer.
  3. A closing corner
  4. An obliterated corner

Explanation

A lost corner is one where the monument is destroyed and its position cannot be recovered from evidence on the ground or in the record. Restoration then proceeds by proportionate measurement from the nearest surviving corners. An obliterated corner is different because its position can still be recovered.

Question 39Evidence, Monuments, and Boundary Retracement

Which term describes a corner where the original monument is gone but its true position can be recovered from reasonably certain evidence, such as a mound of stone, pits, or the original field notes?

  1. Obliterated corner Correct answer.
  2. Meander corner
  3. Lost corner
  4. Reference monument

Explanation

An obliterated corner is one whose physical monument has been destroyed but whose position can still be established from accessories or reliable record evidence. Because the position is recoverable, no proportionate measurement is used. A lost corner, by contrast, has no recoverable evidence.

Question 40Evidence, Monuments, and Boundary Retracement

Two adjacent original section corners on the same line are found, but the quarter corner between them is lost. What is the proper method for restoring the quarter corner?

  1. Single proportionate measurement between the two found section corners Correct answer.
  2. Hold the record bearing from the nearest found section corner only
  3. Set it at the midpoint of a straight line between the two section corners regardless of record distances
  4. Restore it from the nearest closing corner on the township line

Explanation

A lost corner on a line between two found original corners is restored by single proportionate measurement, distributing the record distance in proportion to the measured total between the controlling corners. The corner is not simply placed at the measured midpoint unless the record distances happen to be equal. Controlling monuments beyond the segment are not used when corners on the line itself are available.

Question 41Evidence, Monuments, and Boundary Retracement

A lost interior section corner is restored by double proportionate measurement. That method is based on:

  1. Locating the center of the section from the quarter corners and projecting outward
  2. Averaging the record bearings measured from each of the four nearest found corners
  3. Proportioning from four surrounding found corners in both directions Correct answer.
  4. Holding the record bearing and distance from the single nearest found section corner

Explanation

Double proportionate measurement fixes a lost interior corner by proportioning the record distances along two intersecting lines in both the north-south and east-west directions. Each line is controlled by found corners on both sides of the lost position. Bearings are not averaged, and a single corner cannot control the position.

Question 42Evidence, Monuments, and Boundary Retracement

A closing corner does not fall exactly on the line it was meant to close upon. How is that closing corner treated?

  1. Held at the monumented position, with ties to the intersection recorded Correct answer.
  2. Set midway between the previously established line and the monumented position
  3. Rejected and replaced with a standard corner at the nearest even chain
  4. Moved onto the previously established line at the exact point of intersection

Explanation

The monumented closing corner is held where it was actually set, because the monument itself is the best evidence of the original survey. The position where the line would intersect the previously established line is determined and recorded as a tie. The corner monument is never slid onto the older line.

Question 43Evidence, Monuments, and Boundary Retracement

On a government plat, the meander line along a navigable river is best described as:

  1. A line that fixes only the approximate area of the fractional lot Correct answer.
  2. The legal boundary line of the upland owner along the water's edge
  3. The limit of federal ownership along the navigable waterway
  4. A line permanently fixed by the location of the ordinary high water mark

Explanation

A meander line is run to compute the area of fractional lots along the water and to show the general course of the stream. It is not a boundary line and does not fix title. The upland boundary is governed by the water itself, generally the ordinary high water mark for navigable waters.

Question 44Evidence, Monuments, and Boundary Retracement

A river gradually deposits sediment along the frontage of a riparian parcel, moving the water's edge a few feet each year. The upland owner's boundary:

  1. Moves only if the state issues a new patent
  2. Is fixed by the recorded plat and does not move
  3. Remains at the original meander line shown on the plat
  4. Follows the water as it moves, by accretion Correct answer.

Explanation

Gradual and imperceptible addition of land by water action is accretion, and the riparian boundary moves with the water. The upland owner gains or loses land accordingly without a new conveyance. A meander line does not hold the boundary in place.

Question 45Evidence, Monuments, and Boundary Retracement

A river suddenly abandons its channel during a single flood event and cuts a new course. What happens to the boundary between the riparian owners along the old channel?

  1. It is fixed by dividing the abandoned bed equally among the affected owners
  2. It moves to the thread of the new channel
  3. It is unchanged, because an avulsive change does not move the boundary Correct answer.
  4. It is set at the thread of the abandoned channel

Explanation

A sudden, perceptible change of channel is avulsion, and the law leaves the boundary where it was. Title does not shift merely because the water has moved abruptly. Gradual change by accretion, by contrast, does move the boundary.

Question 46Evidence, Monuments, and Boundary Retracement

The gradual and imperceptible withdrawal of a body of water that leaves formerly submerged land permanently dry is called:

  1. Accretion
  2. Reliction Correct answer.
  3. Avulsion
  4. Erosion

Explanation

Reliction is the slow recession of water that exposes land, and the upland owner generally gains the exposed area. Accretion is the addition of land by deposit of soil, while erosion is the gradual wearing away of land. Avulsion is a sudden change of channel or shoreline.

Question 47Evidence, Monuments, and Boundary Retracement

Two adjoining owners have a genuine uncertainty about where their common boundary lies. What may they properly do?

  1. Agree on a boundary line and be bound by that agreement Correct answer.
  2. Rely on the doctrine of erosion to settle the line
  3. Establish the line only through a quiet title action in superior court
  4. Record a notice of trespass against each other and wait five years

Explanation

Adjoining owners who are genuinely uncertain as to a boundary may agree on a line and be bound by that agreement, provided the agreement satisfies the requirements for a conveyance of land. The uncertainty is what permits the agreement to fix a line that the deeds may not clearly fix. Litigation is not the only path.

Question 48Evidence, Monuments, and Boundary Retracement

Boundary by acquiescence generally requires that the adjoining owners:

  1. Treat a particular line as the boundary over a period of years Correct answer.
  2. Occupy the land openly for the full prescriptive period only
  3. Record a survey showing the line of occupancy with the county
  4. File a lot line adjustment with the local planning agency

Explanation

Boundary by acquiescence rests on the conduct of the parties: they treat a particular line as the true boundary and accept it as such over time. It is a doctrine of long-recognized conduct, not of recording. Mere possession alone does not establish it.

Question 49Evidence, Monuments, and Boundary Retracement

When a deed contains conflicting calls, which call generally controls over all the others?

  1. Area or quantity
  2. Natural monuments Correct answer.
  3. Names of adjoining owners
  4. Courses and distances

Explanation

The traditional order of precedence places natural monuments first, followed by artificial monuments, then courses and distances, and finally area. Natural monuments such as rivers, trees, and rocks are the least likely to be mistaken. Area is the weakest call and is used only as a last resort.

Question 50Evidence, Monuments, and Boundary Retracement

A deed calls for both a natural monument and an artificial monument, and the two cannot both be correct. Which controls?

  1. The distances between the calls
  2. The natural monument Correct answer.
  3. The deed is void for ambiguity
  4. The artificial monument

Explanation

In the settled order of precedence, natural monuments outrank artificial monuments, which in turn outrank courses, distances, and area. The natural monument is considered the more certain and permanent object. A conflict between calls does not void the deed.