FS Module 3: Boundary Law & Real Property

What is the difference between natural and artificial monuments?

Natural monuments: features of nature (rivers, lakes, trees, ridges, boulders) - generally given highest weight. Artificial monuments: man-made objects set to mark boundaries (iron pins, concrete monuments, pipes, stakes, fences, walls) - given second-highest weight. Both outweigh courses, distances, and area.

What are the elements required for adverse possession?

The claimant's possession must be: 1) Actual - physical use of the land 2) Open and notorious - visible to the true owner 3) Hostile/adverse - without permission of the owner 4) Exclusive - not shared with the owner or public 5) Continuous - for the statutory period (varies by state, typically 5-20 years) Some jurisdictions also require payment of property taxes.

What is the difference between an easement appurtenant and an easement in gross?

Easement appurtenant: benefits an adjacent parcel (dominant estate) at the expense of another parcel (servient estate). Runs with the land - transfers with ownership. Example: a driveway easement across a neighbor's property. Easement in gross: benefits a person or entity, not a specific parcel. Example: a utility company's right to run power lines across your property.

What is a prescriptive easement?

An easement acquired by continuous, open, hostile, and notorious use of another's land for the statutory period (similar to adverse possession but for use, not ownership). The user gains the right to continue the specific use but does not gain title to the land.

What are accretion, reliction, erosion, and avulsion?

Accretion: gradual addition of land by waterborne sediment deposits - boundary moves with the change. Reliction: gradual exposure of land by receding water - boundary moves. Erosion: gradual loss of land by water action - boundary moves. Avulsion: sudden change in watercourse (flood, earthquake) - boundary does NOT move; it stays at the former location.

What is the difference between a warranty deed and a quitclaim deed?

Warranty deed: grantor guarantees they have good title and will defend against all claims. Provides the most protection to the grantee. Contains covenants of seisin, right to convey, against encumbrances, quiet enjoyment, and warranty. Quitclaim deed: conveys only whatever interest the grantor may have, with no warranties. Provides the least protection. Often used between family members or to clear title defects.

What is a grant deed?

A deed that conveys property with two implied warranties: (1) the grantor has not previously conveyed the property to another, and (2) the property is free from encumbrances made by the grantor. Provides less protection than a warranty deed but more than a quitclaim deed.

Name the three types of recording systems.

Race: first to record wins, regardless of notice. Notice: a subsequent bona fide purchaser (without notice) prevails over an earlier unrecorded interest. Race-Notice: a subsequent bona fide purchaser prevails only if they (1) had no notice AND (2) record first. Most common system in the U.S.

What is a "call" in a legal description?

A reference in a deed or survey to a specific element that helps define the boundary. Types include: calls for adjoiners ("along Smith's south line"), calls for monuments ("to a stone at the creek"), calls for courses ("N 45 30 E"), calls for distances ("250.00 feet"), and calls for area ("containing 5 acres"). When calls conflict, the evidence hierarchy applies.

What is the doctrine of agreed boundaries?

When adjoining landowners are uncertain about the true boundary location, they may establish a boundary by agreement. Requirements vary by jurisdiction but generally include: (1) uncertainty as to the true boundary, (2) an agreement (express or implied), and (3) acquiescence for a period of time. The agreed line then becomes the legal boundary.

What is a "senior rights" vs "junior rights" conveyance?

Senior rights: the older (first) conveyance from a common grantor. Junior rights: the later conveyance. When conflicts arise between two deeds from the same grantor, the senior conveyance generally prevails. The senior deed's calls control and the junior deed gets the remainder.

What are the three main types of property descriptions?

1) Metes and Bounds - describes boundaries by directions and distances from a point of beginning 2) Lot and Block (Subdivision Plat) - references a recorded plat (e.g., "Lot 5, Block 3, Sunrise Subdivision") 3) PLSS (Public Land Survey System) - references sections, townships, and ranges (e.g., "NE 1/4 of Section 12, T3N, R5E")

What is the order of evidence hierarchy for boundary determination?

From highest to lowest priority: 1) Natural monuments (rivers, trees, ridges) 2) Artificial monuments (iron pins, stakes, fences) 3) Adjoiners (calls to adjacent tracts) 4) Courses (bearings/directions) 5) Distances 6) Area/quantity This hierarchy is a general guideline; courts may vary based on specific circumstances and intent.

What is the difference between riparian and littoral rights?

Riparian rights: rights of landowners whose property borders a flowing watercourse (river, stream). The boundary is typically the thread (center) of the stream. Littoral rights: rights of landowners whose property borders a lake, ocean, or other standing body of water. The boundary is typically the mean high water mark (ocean) or water's edge (lake).

What is the PLSS (Public Land Survey System)?

The federal system for subdividing public domain lands, established by the Land Ordinance of 1785. Based on principal meridians and base lines. Land is divided into 6-mile-square townships (T/R), each containing 36 one-mile-square sections (640 acres). Sections are numbered in a serpentine pattern starting from the NE corner.

How are sections numbered within a PLSS township?

Serpentine pattern starting from the NE corner: 6 5 4 3 2 1 7 8 9 10 11 12 18 17 16 15 14 13 19 20 21 22 23 24 30 29 28 27 26 25 31 32 33 34 35 36 Section 16 was historically reserved for schools.