================================================================================ EVIDENCE HIERARCHY GUIDE For California Land Surveyors ================================================================================ Compiled from: - Brown's Boundary Control and Legal Principles (7th Edition) - Evidence & Procedures for Boundary Location (6th Edition) - California Code of Civil Procedure ================================================================================ THE EVIDENCE HIERARCHY ================================================================================ In resolving boundary disputes and retracing surveys, evidence is weighted according to the following hierarchy (highest to lowest priority): 1. SENIOR RIGHTS & ADJOINERS 2. INTENT OF THE PARTIES 3. CALLS FOR MONUMENTS a. Natural Monuments (streams, ridges, marked trees) b. Artificial Monuments (iron pipes, stakes, concrete markers) 4. COURSES (Bearings/Directions) 5. DISTANCES 6. AREA (Quantity) IMPORTANT: This hierarchy is a "good disputable presumption" - any element may control any other when evidence shows that was the parties' intent. ================================================================================ LEVEL 1: SENIOR RIGHTS & ADJOINERS ================================================================================ DEFINITION: Rights established by an earlier patent, grant, or conveyance. KEY PRINCIPLE: Senior rights rank FIRST in the order of importance of conflicting deed elements. When a junior deed is written, it should call for the senior claimant as an adjoiner. PRACTICAL APPLICATION: - Always research chain of title for adjacent properties - Identify which parcels were created first (senior) vs. later (junior) - Senior boundaries control junior boundaries where they adjoin - A call for an adjoiner is a call for ALL the lines of that adjoiner EXCEPTION: Unwritten titles (adverse possession) can be legally superior to written titles, potentially reducing the written title to junior status. ================================================================================ LEVEL 2: INTENT OF THE PARTIES ================================================================================ DEFINITION: The paramount consideration in interpreting written deeds. KEY PRINCIPLE: "In the order of importance of conflicting deed elements, the intent of the parties to a conveyance, as expressed by the writings, is the paramount consideration of the court, senior rights excepted." HOW TO DETERMINE INTENT: 1. Read the ENTIRE deed, not just the legal description 2. Consider the circumstances at the time of conveyance 3. Examine what the parties actually did (possession, improvements) 4. Look at subsequent deeds and their descriptions 5. Consider local customs and practices at the time RULES OF CONSTRUCTION: - Ambiguous terms are construed against the grantor - Technical terms given technical meaning unless context indicates otherwise - Words given their ordinary meaning at the time of the deed - Description is read as a whole, not in isolated parts ================================================================================ LEVEL 3: MONUMENTS ================================================================================ GENERAL RULE: "A call for a monument is presumed to prevail over all other elements in the description, other than senior rights and contrary expressed intentions." MONUMENT SUB-HIERARCHY: NATURAL MONUMENTS (Highest) | | Examples: Rivers, streams, lakes, ridges, marked trees, | rock outcrops, shorelines | | Why they control: More certain identification, less likely | to be disturbed or moved | ARTIFICIAL MONUMENTS (Second) | | Examples: Iron pipes, concrete monuments, railroad spikes, | mag nails, fence corners, stone piles | | Why they're lower: Can be moved, disturbed, or misidentified CRITICAL DISTINCTIONS: Called-For Monuments: - Mentioned in the original survey or description - Have PRIMARY controlling significance - Example: "to an iron pipe at the NE corner" Uncalled-For Monuments: - Found but not mentioned in description - May provide evidence of original location - Less controlling than called-for monuments - Value depends on age, condition, and corroborating evidence MONUMENT IDENTIFICATION REQUIREMENTS: 1. Must be called for in the written description (directly or by implication) 2. Must be capable of location and identification on the ground 3. Identity must be established by competent evidence KEY CASE LAW: "In the absence of the monument, the position it once occupied controls." This means: - Even if monument is gone, its ORIGINAL POSITION controls - Testimony about former monument location is admissible - Physical evidence of former monument position is valuable ================================================================================ LEVEL 4: COURSES (BEARINGS) ================================================================================ DEFINITION: The direction of a line, expressed as a bearing or azimuth. KEY PRINCIPLE: "Courses and distances occupy the lowest rather than the highest grade in the scale of evidence. They are most unreliable in fixing boundaries." WHY COURSES ARE UNRELIABLE: 1. Compass variations (magnetic declination changes over time) 2. Local magnetic attraction 3. Instrument errors 4. Recording errors 5. Different reference systems (magnetic vs. true north) PRACTICAL CONSIDERATIONS: - Determine what north reference was used (magnetic, true, grid, assumed) - Consider the date of the survey (declination at that time) - Compare courses of common lines with adjoining surveys - Look for patterns of error that might indicate systematic issues ================================================================================ LEVEL 5: DISTANCES ================================================================================ DEFINITION: The length of a line, expressed in chains, feet, meters, or other units. KEY PRINCIPLE: Distances serve as "pointers and guides" but are not absolute determiners of location. WHY DISTANCES ARE UNRELIABLE: 1. Measurement errors (tape sag, temperature, slope) 2. Recording errors 3. Different units (chains, varas, feet) 4. Horizontal vs. surface measurements 5. Rounding and truncation SPECIAL CONSIDERATIONS: - Determine if distances were horizontal or surface (slope) - Identify the unit of measurement used - Consider the precision of instruments available at the time - In GLO surveys, distances are "more or less" by statute WHEN DISTANCES MAY CONTROL: - When no monuments can be found - When courses are clearly erroneous - When intent is clearly expressed in distance terms - For proportioning when original monuments are lost ================================================================================ LEVEL 6: AREA (QUANTITY) ================================================================================ DEFINITION: The stated acreage or square footage in the deed. KEY PRINCIPLE: Area is the LOWEST in the hierarchy and serves as "a rule of last resort." WHY AREA IS LEAST RELIABLE: 1. Often estimated, not calculated 2. Subject to all errors in courses and distances 3. May exclude or include easements inconsistently 4. Different calculation methods yield different results WHEN AREA MAY BE USEFUL: - To determine the appropriate course or distance of a missing line - As a check on other calculations - When deed states "more or less" (indicates estimate only) - When deed states a specific acreage with warranty (grantor bound to deliver) GLO SURVEYS: "Area recited in the patents is the least important; boundaries are paramount." ================================================================================ CALIFORNIA-SPECIFIC APPLICATIONS ================================================================================ CODE OF CIVIL PROCEDURE SECTION 2077: Establishes the hierarchy of calls in California: "When the description refers to monuments, natural or artificial, courses and distances, and quantity, and these do not agree with each other, the description is interpreted so as to give effect to the intention of the parties if such intention can be ascertained..." RECORD OF SURVEY (B&P CODE 8762): When filing an ROS, the surveyor must show: - Monuments found and their condition - Monuments set - Discrepancies between record and measured data - Basis for boundary establishment SUBDIVISION RETRACEMENTS: - Original subdivision monuments control - Block and lot corners on recorded maps are controlling - Streets and alleys as shown control over dimensions ================================================================================ PRACTICAL APPLICATION FLOWCHART ================================================================================ When retracing a boundary: START | v [1] RESEARCH SENIOR RIGHTS - Who was there first? - Are adjacent parcels senior or junior? | v [2] DETERMINE INTENT - What did parties intend? - What did they actually do? | v [3] SEARCH FOR MONUMENTS - Look for called-for monuments first - Then search for uncalled-for evidence - Document everything found | v [4] EVALUATE MONUMENTS FOUND - Can they be identified as original? - Are they in original position? - Do they fit the description? | v [5] APPLY COURSES & DISTANCES - Use as guides to monument locations - Check for systematic errors - Compare with adjoining surveys | v [6] CHECK AREA - Does calculated area match stated area? - Large discrepancy may indicate error | v [7] RECONCILE ALL EVIDENCE - Weight evidence per hierarchy - Consider intent throughout - Document reasoning for conclusions | v END: BOUNDARY DETERMINATION ================================================================================ COMMON EXAM SCENARIOS ================================================================================ SCENARIO 1: Monument vs. Distance Conflict Q: A deed calls for "200 feet to an iron pipe." The iron pipe is found at 195 feet. Which controls? A: The monument (iron pipe) controls. Distances yield to monuments. SCENARIO 2: Natural vs. Artificial Monument Q: A deed calls for "the oak tree" and "an iron pipe." Both are found but the line between them differs from the deed bearing. Which controls? A: If both are original, the natural monument (oak tree) is slightly more reliable, but BOTH monuments define the line. The bearing yields. SCENARIO 3: Senior vs. Junior Rights Q: A 1920 deed calls for "the Smith property line." A 1950 survey of the Smith property shows a different location than the 1920 deed distances. A: The Smith property (senior right) controls. The 1920 deed is junior and takes subject to where Smith's line actually was. SCENARIO 4: Intent Over Hierarchy Q: A deed describes a 100-acre parcel with specific metes and bounds. The metes and bounds calculate to only 95 acres. A letter from the grantor states he intended to convey "the whole farm." A: Intent may control. If "the whole farm" is 100 acres and evidence shows that was the intent, the boundary may be adjusted to include 100 acres. SCENARIO 5: Lost Monument Q: A deed calls for "a stone monument at the NE corner." No stone is found, but an old fence corner with rotted posts exists at approximately the right location. A: The position the stone monument once occupied controls. The fence corner may be evidence of that position if it can be shown the fence was built to the monument. ================================================================================ KEY CASE LAW CITATIONS ================================================================================ Ookala Sugar Co. v. Wilson, 13 H 127 (1900) - Establishes the hierarchy as a presumption, not absolute rule - "Any of these may control any others where that appears to be the intention as gathered from the entire grant" Rivers v. Lozeau, 539 So.2d 1147 (Fla. 1989) - Original survey monuments control over later surveys - Junior surveys take subject to senior boundaries Diehl v. Zanger, 39 Mich. 601 (1878) - Call for adjoiner is call for all lines of that adjoiner - Senior right controls over courses and distances ================================================================================ QUICK REFERENCE SUMMARY ================================================================================ REMEMBER: "SIAM-CD-A" S - Senior Rights (highest) I - Intent of the Parties A - Adjoiners (calls for) M - Monuments (natural > artificial) C - Courses D - Distances A - Area (lowest) The hierarchy is FLEXIBLE based on: - Clear expression of contrary intent - Circumstances at time of original survey - Quality and reliability of evidence found - Local customs and practices When in doubt: WHAT DID THE PARTIES INTEND? ================================================================================ SOURCES & FURTHER READING ================================================================================ 1. Brown's Boundary Control and Legal Principles, 7th Edition - Walter G. Robillard, Donald A. Wilson - Chapters 2, 5, 6 2. Evidence & Procedures for Boundary Location, 6th Edition - Curtis M. Brown, Walter G. Robillard, Donald A. Wilson - Chapters 2, 5, 6, 11, 15 3. California Code of Civil Procedure Section 2077 4. California Business & Professions Code Sections 8762-8773 ================================================================================ Prepared for SurveyBible.com - CA PLS Exam Preparation This guide is for educational purposes. Always verify with authoritative sources. ================================================================================