FS Exam Preparation

Comprehensive preparation for the Fundamentals of Surveying (FS) exam. 7 modules covering all 7 exam domains with 60 in-depth topics.

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Lesson 2

Controlling Elements & Evidence

Learning Objectives

After completing this topic, you should be able to:

State the hierarchy of controlling elements from memory
Apply the hierarchy to resolve conflicting deed calls
Distinguish between types of monuments and their relative weight
Explain the measurement sub-hierarchy
Identify when the hierarchy may be overridden
Evaluate boundary evidence from field and record sources

Overview

When elements of a property description conflict -- and they almost always do to some degree -- the surveyor must know which elements take priority. The hierarchy of controlling elements provides the framework for resolving these conflicts. This hierarchy, developed through centuries of common law, is the single most important legal concept in boundary surveying.

The hierarchy is commonly remembered by the mnemonic SICMoMe: Senior rights, Intent, Call for a survey, Monuments, Measurements.

Key Concepts

Figure FS.3.2 — SICMoMe hierarchy: Senior rights, Intent of the parties, Calls for a survey, Monuments, Measurements — with conflict-resolution examples and visual walk-through

Figure FS.3.2b — SICMoMe Hierarchy (compact)

The Hierarchy: SICMoMe

The controlling elements, in order of priority from highest to lowest (Brown's Boundary Control and Legal Principles, 7th Ed., Ch. 11):

Priority	Element	Description
1	Senior rights	The rights of the first grantee from a common grantor prevail
2	Intent of the parties	The purpose of the conveyance as determined from the deed as a whole
3	Call for a survey	Reference to a specific plat, map, or prior survey
4	Monuments	Physical objects called for in the deed
5	Measurements	Distances, bearings, areas, coordinates

Senior Rights

Figure FS.3.2d — Senior lot keeps called dimension; junior absorbs shortage

The first conveyance from a common grantor has priority. The senior grantee gets exactly what was described; the junior grantee gets what remains.

Key principles:

First in time, first in right
The grantor cannot convey what has already been conveyed
Senior rights apply to sequential conveyances from the same grantor

Intent of the Parties

Intent is determined from the four corners of the deed -- the entire document read as a whole, not isolated phrases.

When language is clear, the deed speaks for itself
When language is ambiguous, extrinsic evidence may be considered
Intent at the time of conveyance controls, not later intentions

Monuments

Figure FS.3.2c — Natural / Artificial / Record monument hierarchy

Monuments are physical objects called for in the deed. They rank above measurements because they are tangible references the parties could see and agree upon.

Three requirements for a controlling monument:

Called for in the deed or plat
Identifiable as the one called for
Undisturbed from its original position

Monument hierarchy:

Natural monuments (streams, ridges, trees) generally control over artificial monuments (iron pipes, concrete, fences)
Natural monuments are more permanent and less susceptible to human disturbance

Measurements Sub-Hierarchy

Figure FS.3.2c — Within measurements: course > distance > area.

Within measurements, the ranking of bearing vs. distance is jurisdiction- and fact-specific (per Brown's §11.29, "the courts have had diverse opinions as to which should yield," and in metes-and-bounds descriptions with no called-for monument "both bearing and distance are essential for the determination of a line, and neither need yield to the other"). Area and coordinates rank below both:

Rank	Type	Notes
Tied at top	Bearing (direction) and Distance	Courts split. Some jurisdictions historically rank bearing higher (compass-era reasoning); others rank distance higher (modern EDM-era reasoning). Read the controlling case law for the jurisdiction of the survey.
Below both	Area	Computed from bearing and distance; circular dependency makes area unreliable as an independent call.
Lowest	Coordinates	Most recent addition; depends on underlying network and projection.

Types of Boundary Evidence

Physical evidence (found in the field):

Monuments (iron pipes, rebar, stones, brass caps)
Natural features (streams, trees, rock outcrops)
Occupation evidence (fences, walls, cultivation lines, buildings)
Accessories (bearing trees, reference points)

Record evidence (found in documents):

Deeds with legal descriptions
Recorded plats and maps
Original survey field notes
Prior survey records
Aerial photographs (historical and current)
Records of Survey, and Corner Records (Corner Records are required in California and certain other western states; not universal)

Testimonial evidence:

Statements from landowners, neighbors, and prior surveyors about boundary locations, monuments, and historical use

Evaluating Evidence

Figure FS.3.2e — Four steps to evaluate boundary evidence.

The surveyor must weigh all available evidence:

Best evidence is a monument that is called for, identifiable, and undisturbed
Parol (oral) evidence is generally not admissible to contradict clear deed language, but it may explain ambiguities
Occupation evidence (fences, walls) is not controlling by itself but may indicate the parties' understanding of the boundary
Multiple lines of evidence pointing to the same location strengthen the determination
Conflicting evidence must be resolved by applying the hierarchy and professional judgment

Common wrong path — holding an uncalled monument because it was found. A 1/2-inch iron pipe found exactly 47.00 feet from a called corner, with no cap and no record reference, is not a controlling monument — even if it looks like a survey marker. To control, a monument must be (1) called for in the deed or on the plat, (2) identifiable as the one called for, and (3) undisturbed. Finding something at a plausible location does not convert it into record evidence. Students frequently pick the "hold the found pipe" option because it feels like honoring fieldwork; the correct answer is that an uncalled monument is evidence only of someone's prior opinion of the boundary, not the boundary itself. It may support or corroborate other evidence, but it does not override the called deed elements.

Quick retrieval check — try before reading on.

▶A deed calls for "the old oak tree" and "an iron pipe at the northeast corner" and for "N 45°00' E, 300.00 feet" between them. On the ground you find the oak tree, an iron pipe, and the record course between them measures N 45°15' E, 301.50 feet. Which element controls the location of the northeast corner?

The iron pipe (the artificial monument) controls — provided it is the one called for, identifiable, and undisturbed. Under SICMoMe, monuments (priority 4) outrank measurements (priority 5), so the iron pipe's actual found position governs over the record bearing and distance. The fact that measuring from the oak tree to the pipe gives N 45°15' E and 301.50 feet (instead of the called N 45°00' E, 300.00 feet) does not shift the corner — the monument is where the monument is, and the record bearing and distance simply yielded to the tangible call.

Within the measurement sub-hierarchy, if no monuments were held, bearing would outrank distance — but that question does not arise here because a monument is found and called for. One trap to avoid: had only the oak tree been called for but not the iron pipe, the found pipe would be an uncalled monument with no independent controlling weight; you would then run the called bearing and distance from the oak tree. The test is always: was this specific object called for in the record? If yes, and it is identifiable and undisturbed, it controls the measurements that describe the same line.

Exam Tips

SICMoMe -- memorize this mnemonic: Senior rights, Intent, Call for survey, Monuments, Measurements
A monument must be called for, identifiable, and undisturbed to control
Natural monuments outweigh artificial monuments in the general hierarchy
Bearing and distance are co-equal at the top of the measurement sub-hierarchy (Brown's §11.29 — courts split, jurisdiction- and fact-specific); both outweigh area and coordinates
Area is almost never controlling -- it is the weakest measurement element
A monument found in the field but not called for in the deed has no controlling weight as a monument
The hierarchy resolves conflicts between elements; when elements agree, no conflict exists
Intent is determined from the entire deed, not isolated phrases
The FS exam may present a scenario with conflicting deed calls and ask which element controls

FS Exam Preparation

Module 1: Surveying Processes & Methods

Module 2: Mapping Processes & Methods

Module 3: Boundary Law & Real Property

Module 4: Surveying Principles & Geodesy

Module 5: Survey Computations

Module 6: Business Concepts

Module 7: Applied Math & Statistics