PS Module 1: Legal Principles

What is reliction?

Reliction is the gradual and imperceptible withdrawal or recession of water, permanently exposing land that was formerly submerged. Like accretion, the boundary moves with the water — the riparian/littoral owner gains title to the newly exposed land. The recession must be natural and gradual, not caused by artificial means.

What is the "intent of the parties" principle in deed interpretation?

The paramount rule of deed construction is to determine and give effect to the intent of the parties at the time of the conveyance. Courts look at the deed as a whole, the circumstances at the time of the grant, and extrinsic evidence when the deed is ambiguous. The intent of the grantor, as expressed in the instrument and understood by the grantee, controls.

What does "following in the footsteps" mean in retracement surveying?

A retracing surveyor must retrace the steps of the original surveyor, seeking to identify the same boundaries and corners the original surveyor established. The retracing surveyor has NO authority to establish new lines or corners — only to recover what was originally set. The original surveyor's intent, as evidenced by monuments and the record, controls.

What is the evidence hierarchy for resolving conflicts in a legal description?

From highest to lowest priority: (1) Natural monuments, (2) Artificial monuments, (3) Adjoiners/Adjoining boundaries, (4) Courses (bearings/directions), (5) Distances, (6) Area/Quantity. This hierarchy is a general rule — not absolute — and courts may deviate when the totality of evidence supports a different conclusion.

What is the difference between a lost corner and an obliterated corner?

An obliterated corner is one where the monument is gone but its position can be recovered from evidence (witness trees, fences, testimony, field notes, etc.). A lost corner is one whose position cannot be determined beyond reasonable doubt from any existing evidence. Only a truly lost corner may be restored by proportionate measurement — an obliterated corner must be recovered from the available evidence.

What are the three types of legal descriptions?

(1) Metes and bounds — describes a parcel by its boundary lines using directions, distances, and monuments. (2) Lot and block (subdivision plat) — references a recorded plat map by lot number, block, and subdivision name. (3) Government rectangular survey (PLSS) — identifies land by section, township, range, and fractional parts within the Public Land Survey System.

What is proportionate measurement and when is it used?

Proportionate measurement is a method for restoring lost corners of the public land survey by distributing the excess or deficiency in measurement proportionally among all intervals along the line. It is used ONLY for truly lost corners (not obliterated ones). Single proportionate measurement is used along a line between two found corners; double proportionate measurement uses four controlling corners in two intersecting directions.

What is the doctrine of senior rights (first in time, first in right)?

When a common grantor conveys parcels sequentially, the first conveyance (senior grant) holds its full description, and any overlap or deficiency falls on the later (junior) conveyance. The senior grantee's boundaries are fixed first; the junior grantee gets whatever remains.

How do simultaneous conveyances differ from sequential conveyances?

When a grantor conveys multiple parcels simultaneously (e.g., a recorded subdivision plat), no parcel has seniority over another. Any excess or deficiency in the parent tract is distributed proportionally among all parcels. There is no senior/junior distinction.

What is the original survey vs. retracement distinction?

An original survey creates new boundaries and parcels where none existed before — the surveyor has broad discretion. A retracement survey seeks to recover boundaries already established by a prior survey — the surveyor must follow the original surveyor's footsteps and has NO authority to create new boundaries or substitute their own judgment for the original surveyor's.

What five elements must be proven for adverse possession? (OCEAN)

Open (visible, not hidden), Continuous (uninterrupted for the statutory period), Exclusive (not shared with the true owner), Adverse/Hostile (without the owner's permission, claiming as one's own), and Notorious (sufficiently obvious that a reasonable owner would notice). The statutory period varies by jurisdiction.

What is the difference between adverse possession and a prescriptive easement?

Adverse possession transfers title (ownership) to the adverse possessor after the statutory period. A prescriptive easement grants only a right of use, not ownership — the original owner retains title to the land. Both require open, continuous, hostile, and notorious use for the statutory period, but adverse possession also requires exclusive use, while prescriptive use may be shared.

What is the doctrine of acquiescence?

When adjoining landowners treat a line (such as a fence) as their common boundary for an extended period, the law may fix that line as the legal boundary regardless of where the true line lies. Acquiescence requires: (1) a recognized and accepted line, (2) mutual treatment as the boundary, and (3) for a sufficient period (often the statute of limitations).

What is the agreed boundary doctrine?

When a boundary is uncertain or disputed, adjoining landowners may agree on a line to serve as the boundary. Once established by agreement and acquiesced in for a sufficient period, the agreed line becomes the legal boundary, even if a later survey shows it is not the "true" line. The key requirement is that there must be genuine uncertainty or dispute — the doctrine cannot be used to knowingly convey land by oral agreement.

What is estoppel in the context of boundary disputes?

Estoppel prevents a party from asserting a claim or right that contradicts their own prior conduct, when another party has reasonably relied on that conduct to their detriment. Example: If an owner tells a neighbor "the fence is the line" and the neighbor builds a garage relying on that statement, the owner may be estopped from later claiming the true line is different.

What is the parol evidence rule and how does it apply to boundary surveys?

The parol evidence rule generally prevents oral testimony from contradicting the terms of a written instrument (deed, plat, etc.). However, parol evidence IS admissible to resolve ambiguities, explain the circumstances of the conveyance, identify monuments referenced in the deed, or show fraud/mistake. A surveyor should understand that the written record generally controls, but context evidence may be relevant when the writing is ambiguous.

What is the difference between riparian and littoral boundaries?

Riparian boundaries adjoin flowing water (rivers, streams, creeks). Littoral boundaries adjoin standing water (lakes, ponds, oceans). The distinction matters because different rules may apply to the movement of the water boundary (accretion, erosion, avulsion).

What is accretion and how does it affect boundaries?

Accretion is the gradual and imperceptible addition of land by the deposit of soil or sediment along a waterway. The boundary moves with the accretion — the riparian/littoral owner gains title to the newly formed land. The key factor is that the process must be gradual; sudden changes are avulsion, which follows different rules.

What is avulsion and how does it differ from accretion?

Avulsion is a sudden, perceptible change in the course or bank of a waterway (e.g., a flood that cuts a new channel). Unlike accretion, avulsion does NOT change the property boundary — the boundary remains at the former waterline. The affected owner retains title to the land on the far side of the new channel.

What is privity of estate and why does it matter in boundary disputes?

Privity of estate is the legal relationship between successive owners of the same property. It matters because certain rights and obligations (covenants, easements, adverse possession periods) can "run with the land" and bind or benefit subsequent owners. For adverse possession, successive adverse claimants may "tack" their periods of possession if there is privity between them.

What is the substantial evidence standard from BLM Manual Section 6-11?

A corner is considered "found" when there is substantial evidence of its original position. The evidence must be sufficient to convince a reasonable person — not absolute certainty, but more than mere speculation. This includes original monuments (even if disturbed), witness marks, accessories, field note references, and any physical or testimonial evidence that, taken together, establishes the position beyond reasonable doubt.

What are written rights vs. unwritten rights in boundary law?

Written rights derive from recorded documents (deeds, plats, easements). Unwritten rights arise from use, conduct, or operation of law — such as adverse possession, prescriptive easements, implied easements, acquiescence, and agreed boundaries. A surveyor must consider both, because unwritten rights can override the written record and establish legal boundaries different from the record description.

What is an implied easement and what are the requirements?

An implied easement arises by operation of law (not by express grant) when: (1) there was unity of ownership of the dominant and servient parcels, (2) the use existed before severance and was apparent or known, (3) the use is reasonably necessary for the enjoyment of the dominant parcel, and (4) the parcels were severed by conveyance. Common examples: an existing driveway or utility line that served one parcel crosses another after subdivision.

What is an easement by necessity?

An easement by necessity arises when a parcel is landlocked — it has no legal access to a public road. Requirements: (1) common ownership of the dominant and servient parcels at some point, (2) the necessity arose from the severance of that common ownership, and (3) the necessity is strict (not merely convenient). The easement lasts only as long as the necessity exists.