Boundary Law Principles
PublicCore boundary law concepts with authoritative citations for exam prep and professional practice
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Cards (10)
What is the priority of calls (monument hierarchy)?
1. Natural monuments 2. Artificial monuments 3. Adjoiners (calls to adjoining tracts) 4. Direction/course 5. Distance 6. Area/quantity — Brown's Ch. 9
What is the 'senior/junior' rule?
First in time is first in right. In sequential conveyances from a common grantor, the first grantee (senior) takes what the deed calls for. Subsequent grantees (junior) take only what remains. — Brown's Ch. 12
What are the elements of adverse possession?
HNECP: • Hostile (without permission) • Notorious (visible/obvious) • Exclusive (not shared with owner) • Continuous (uninterrupted) • Prescriptive period (statutory time) California adds: Tax payment for 5 years — Robillard Ch. 11
What is the difference between adverse possession and prescription?
Adverse Possession → Title Prescription → Easement Similar elements, different legal outcomes. — Robillard Ch. 11
What is the retracing surveyor's duty?
To follow the footsteps of the original surveyor. 'Locate the lines and corners of the original survey, not establish new ones.' The original survey is inviolate. — Cragin v. Powell, 128 U.S. 691 (1888)
What are existent, obliterated, and lost corners?
Existent: Original monument in place, identifiable Obliterated: Monument destroyed but position determinable from evidence Lost: Position cannot be determined; must be restored — BLM Manual 2009
What is the difference between accretion and avulsion?
Accretion: Gradual water action → Boundary moves with waterline Avulsion: Sudden change → Boundary stays at original location — Brown's Ch. 18
What is acquiescence?
When adjoining owners treat a line as their boundary for a sufficient period (often = statute of limitations), that line becomes binding. Requires: • Occupation/treatment as boundary • Time period • Mutual recognition — Brown's Ch. 14
When can parol evidence be used?
YES: • Explain latent ambiguities • Identify monuments • Show circumstances at conveyance • Prove fraud/mistake NO: • Contradict clear written terms • Add terms not in deed • Change unambiguous language — Clark §5.09
What creates an easement by necessity?
1. Unity of title (common ownership) 2. Severance (tracts separated by conveyance) 3. Strict necessity (no other legal access) Terminates when necessity ends. — Clark §4.20