Identifying Document Conflicts

Overview

Record documents often contain conflicting information. Surveyors must identify these conflicts during research and develop strategies for resolution through field investigation and legal principles.

Learning Objectives

• Recognize common types of document conflicts
• Apply hierarchy of calls to resolve conflicts
• Document conflicting information systematically
• Develop resolution strategies

Key Concepts

Types of Conflicts

Common record conflicts include:

• Bearing vs. distance discrepancies
• Monument vs. measurement conflicts
• Adjoiner conflicts
• Area vs. perimeter conflicts
• Sequential conveyance overlaps

Hierarchy of Calls

Traditional priority of deed elements:

1. Natural monuments
2. Artificial monuments
3. Adjoiners (calls to adjacent properties)
4. Courses (bearings and distances)
5. Quantity (area)

Senior vs. Junior Rights

When conveyances conflict:

• First conveyance (senior) has priority
• Subsequent (junior) conveyances are subject to senior
• Exceptions may apply through prescription or acquiescence

Documentation

Systematic conflict documentation:

• Identify all conflicting elements
• Note sources and dates
• Describe the nature of conflict
• Record proposed resolution approach
• Document field investigation results

Key Terms

• Hierarchy of Calls: Order of priority for conflicting deed elements
• Ambiguity: Uncertainty in document meaning
• Patent Ambiguity: Conflict apparent on face of document

Practice Questions

1. What is the traditional hierarchy of deed elements when conflicts exist?
2. How do senior and junior rights affect conflicting conveyances?