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Evidence Hierarchy Guide

Priority of boundary evidence for retracing surveys and resolving disputes

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The Golden Rule

The evidence hierarchy is a "good disputable presumption" - any element may control any other when evidence shows that was the parties' intent. Always ask: What did the parties intend?

Priority of Calls (Brown's)

1 - Lines Actually Run2 - Natural Monuments3 - Artificial Monuments4 - Adjoiners5 - Courses/Bearings6 - Distances7 - Area

Intent of the parties is the overriding principle that governs the entire hierarchy.

The Evidence Hierarchy

1

Lines Actually Run on the Ground

Corners established, monuments set, and lines marked by the creating surveyor

  • •The highest priority element per Brown's Boundary Control
  • •When original survey lines can be positively identified, they are the true boundaries
  • •Grounded in the Land Act of 1805: original survey lines are "without error"
  • •The practical challenge is proving identification through documentary research
Example: Original GLO survey blazed a line through timber. Blaze marks still visible after 150 years. These marks control over all other calls.
2

Natural Monuments

Permanent natural objects called for in the description

  • •Rivers, streams, ridges, marked trees, rock outcrops
  • •Rank highest among descriptive elements due to permanence and visibility
  • •Must be called for in the description (directly or by implication)
  • •Even if gone, the position the monument once occupied may control
Example: Deed calls for "the center of Jones Creek." The creek controls over distances, bearings, and area.
3

Artificial Monuments

Man-made objects set at the time of the survey and called for in the description

  • •Iron pipes, concrete markers, railroad spikes, fence corners, brass caps
  • •Must be called for and identifiable
  • •Must be in original, undisturbed position to control
  • •Rank below natural monuments because they are more easily disturbed or destroyed
Example: Deed calls for "200 feet to an iron pipe." Iron pipe found at 195 feet. The monument controls - distance yields.
4

Adjoiners (Record Boundaries)

Calls for the lands of adjoining owners, senior in title

  • •A call for an adjoiner is a call for ALL lines of that adjoiner
  • •Senior rights prevail: first in time, first in right
  • •When junior deed is written, it should call for senior claimant as adjoiner
  • •Exception: Unwritten titles (adverse possession) can be superior to written titles
Example: A 1920 deed calls for "the Smith property line." The Smith property boundary (senior) controls over the 1920 deed distances.
5

Courses (Bearings)

Direction of lines expressed as bearings or azimuths

  • •Courses are "pointers and guides" not absolute determiners
  • •Subject to compass variations and magnetic declination
  • •Determine what north reference was used (magnetic, true, grid)
  • •Rank above distances per the majority of jurisdictions (Brown's)
Example: Original 1890 survey shows N45°E. Current magnetic bearing is N52°E. The difference is magnetic declination change over 130+ years.
6

Distances

Length of lines in chains, feet, meters, or other units

  • •Subject to measurement errors (tape sag, temperature, slope)
  • •May be horizontal or surface (slope) measurements
  • •Different units may have been used (chains, varas, feet)
  • •In GLO surveys, distances are "more or less" by statute
Example: When no monuments found and courses appear erroneous, distances become primary guide for proportioning.
7

Area (Quantity)

Stated acreage or square footage - rule of last resort

  • •Often estimated, not calculated
  • •Subject to all errors in courses and distances
  • •Useful to determine missing line when others defined
  • •"More or less" indicates estimate only
Example: GLO patents: "Area recited in the patents is the least important; boundaries are paramount."

Common Exam Scenarios

Monuments over Distances

A deed calls for "200 feet to an iron pipe." The iron pipe is found at 195 feet. Which controls?

Answer: The monument (iron pipe) controls. Distances yield to monuments.
Monuments over Courses

A deed calls for "the oak tree" and "an iron pipe." Both found but line differs from deed bearing. Which controls?

Answer: Both monuments define the line. The bearing yields to the monuments. Natural monuments slightly more reliable than artificial.
Senior Rights

A 1920 deed calls for "the Smith property line." A 1950 survey shows a different location than 1920 distances indicate.

Answer: The Smith property (senior right) controls. The 1920 deed takes subject to where Smith's line actually was.
Lost Monument Position

A deed calls for "a stone monument at the NE corner." No stone found, but old fence corner exists at approximately the right location.

Answer: The position the stone monument once occupied controls. Fence corner may be evidence of that position if it can be shown the fence was built to the monument.

California-Specific Applications

  • Common Law Hierarchy of Calls: Monuments, courses, distances, quantity (see Brown's Boundary Control, Ch. 5-6)
  • Record of Survey (B&P §8762): Must show monuments found/set and discrepancies from record
  • Subdivision Retracements: Original subdivision monuments control; block/lot corners on recorded maps are controlling
  • GLO Surveys: Original GLO monuments control subsequent surveys; distances are "more or less"

Key Case Law

Ookala Sugar Co. v. Wilson, 13 H 127 (1900)

"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.

Sources & Further Reading

  • • Brown's Boundary Control and Legal Principles, 7th Edition - Chapters 2, 5, 6
  • • Evidence & Procedures for Boundary Location, 6th Edition - Chapters 2, 5, 6, 11, 15
  • • Common law hierarchy of calls (case law tradition; see Brown's Ch. 5-6)
  • • BLM Manual of Surveying Instructions (2009)
  • • Wattles, Writing Legal Descriptions (1976)
  • • California Business & Professions Code §§8762-8773 (CA-specific record-of-survey requirements)