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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?

Quick Memory Aid: "SIAM-CDA"

S - Senior RightsI - IntentA - AdjoinersM - MonumentsC - CoursesD - DistancesA - Area

The Evidence Hierarchy

1

Senior Rights & Adjoiners

Rights established by earlier patents, grants, or conveyances

  • •Senior rights rank FIRST in importance of conflicting deed elements
  • •When junior deed is written, it should call for senior claimant as adjoiner
  • •A call for an adjoiner is a call for ALL lines of that 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 (senior) controls over the 1920 deed distances.
2

Intent of the Parties

The paramount consideration in interpreting written deeds

  • •Read the ENTIRE deed, not just the legal description
  • •Consider circumstances at the time of conveyance
  • •Examine what parties actually did (possession, improvements)
  • •Ambiguous terms construed against the grantor
Example: Deed describes 100 acres but metes and bounds calculate to 95. Letter shows intent to convey "the whole farm." Intent may adjust boundary to include 100 acres.
3

Monuments

Physical markers called for in the description

Natural Monuments:Rivers, streams, ridges, marked trees, rock outcrops
Artificial Monuments:Iron pipes, concrete markers, railroad spikes, fence corners
  • •Natural monuments control artificial monuments
  • •Must be called for in description (directly or by implication)
  • •Must be capable of location and identification
  • •Even if gone, the position monument once occupied controls
Example: Deed calls for "200 feet to an iron pipe." Iron pipe found at 195 feet. The monument controls - distance yields.
4

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)
  • •Compare courses with adjoining surveys for patterns
Example: Original 1890 survey shows N45°E. Current magnetic bearing is N52°E. The difference is magnetic declination change over 130+ years.
5

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.
6

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)
  • • California Business & Professions Code §§8762-8773