Boundary Control Flashcards

What is the difference between an original survey and a retracement?

An original survey CREATES boundaries; a retracement LOCATES previously created boundaries. There can be only one original survey; all subsequent surveys are retracements.

What does 'follow the footsteps' mean?

The retracing surveyor must follow the evidence created by the original surveyor - finding the physical evidence (monuments, marked trees) and documentary evidence (field notes, plats) that prove where the original surveyor established the lines.

Can a retracing surveyor correct errors made by the original surveyor?

No. The retracing surveyor cannot establish new corners, cannot correct errors, and must only track the footsteps of the original surveyor. Original survey evidence controls regardless of apparent errors.

What is the Statute of Frauds?

The Statute of Frauds (1677) requires that transfers of real property be in writing to be enforceable. It replaced oral traditions like 'beating the bounds' with written documentation.

What is the priority of calls (dignity of calls)?

The hierarchy for resolving conflicts in descriptions: 1) Natural monuments, 2) Artificial monuments, 3) Adjoiners, 4) Courses (bearings), 5) Distances, 6) Area. Intent of parties is the ultimate guide.

Why do monuments control over courses and distances?

Courses and distances are merely 'finger pointers' showing where to look for monuments. The monument is the physical evidence of where the original surveyor actually established the corner.

What is the difference between natural and artificial monuments?

Natural monuments are features of nature (rivers, trees, rocks); artificial monuments are man-made objects (iron pins, concrete monuments, fences). Natural monuments generally have priority over artificial.

When does a monument NOT control?

When the monument was not called for in the description, was not identified at the time of conveyance, was set after the original survey, or is clearly in the wrong location.

What is an existent corner?

A corner whose position can be identified from physical evidence of the original monument or its accessories. No restoration is needed - the evidence proves the location.

What is an obliterated corner?

A corner where the original monument is gone but the position CAN be determined from other evidence - testimony, records, measurements to accessories, or other reliable evidence.

What is a lost corner?

A corner whose position CANNOT be determined from any evidence. It must be restored by proportionate measurement. A corner should only be declared lost when ALL evidence has been exhausted.

What is the difference between single and double proportion?

Single proportion is used on a single line (like quarter corners on section lines). Double proportion requires corners in four cardinal directions and is used for section corners.

What is the rule for sequential conveyances?

First in time, first in right. The senior (earlier) conveyance gets exactly what was described; junior (later) conveyances receive what remains.

What is the rule for simultaneous conveyances?

All parcels have equal dignity. Excess or deficiency is prorated proportionally among all parcels. No parcel is senior to another.

Give an example of simultaneous conveyances.

Subdivision plats, partition of estates, division by will, and government survey sections are all examples where all parcels are created at the same time with equal standing.

What is the actual boundary for riparian property?

The ordinary high water mark (OHWM), NOT the meander line. Meander lines are surveying conveniences used to calculate area, not to establish boundaries.

What is accretion?

The gradual and imperceptible addition of land by deposit of sediment or action of water. The added land belongs to the riparian owner and the boundary moves with the water.

What is avulsion?

A sudden, recognizable change in a watercourse (like from a flood). Unlike accretion, the boundary does NOT move - it remains where it was before the sudden change.

What is reliction?

The gradual uncovering of land by recession or lowering of water level. Like accretion, it must be imperceptible, and the exposed land belongs to the littoral owner.

What is an easement appurtenant?

An easement that benefits a specific parcel of land (dominant estate) and burdens another parcel (servient estate). It runs with the land and transfers automatically.

What is an easement in gross?

An easement that benefits a person or entity rather than a specific parcel of land. There is no dominant estate. Utility easements are a common example.

How is a prescriptive easement created?

By open, notorious, hostile, and continuous use for the statutory period (5 years in California). Similar to adverse possession but creates an easement rather than title.

What is an easement by necessity?

An easement implied by law when a parcel would be landlocked or useless without it. Requires strict necessity and arises from the circumstances of the conveyance.

What are 'metes' and what are 'bounds'?

Metes are measurements (courses and distances). Bounds are physical boundaries and objects (adjoiners, monuments, natural features).

What is the point of beginning (POB)?

The starting point of a metes and bounds description. The description travels around the parcel and returns to the POB. It has no greater legal significance than other corners.

What is a bounds description?

A description written as if standing in the center of the parcel looking outward: 'Bounded on the north by Smith, on the east by Jones...' Adjoiners become the monuments.

Can a land surveyor give legal advice?

No. The surveyor cannot practice law, prepare legal documents, or make legal determinations. Boundary by agreement and adverse possession are legal matters requiring attorney involvement.

Is a retracement survey an opinion?

Yes. A retracement is the surveyor's professional opinion based on evidence gathered and evaluated. Different surveyors may reach different conclusions, and both may be reasonable.

When is a Record of Survey required in California?

When new monuments are set (not just retracing found corners), when discrepancies are found with record, when establishing boundary by agreement, and other situations per B&P Code.

What is a quitclaim deed?

A deed that conveys only whatever interest the grantor has, with no warranties. It's often used to clear clouds on title or release claims.

What is California's recording statute?

California uses a race-notice statute: the first bona fide purchaser (without notice) to record prevails.

What does 'senior rights' mean?

In sequential conveyances, the earlier (senior) conveyance has priority over later (junior) conveyances. The senior grant gets exactly what was described.